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ARIF UMER versus MUHAMMAD SHAMIM KHURSHEED


Article 15 Constitution of Pakistan (1973), Article 199 Constitutional Petition Deletion of Tenant All Proof of Offering Tenant Finding Reality Based on Sub-Letting But Lower Appellate Court Reversed Controller's Detection on Rent Dismissed and dismissed request. Article 199 of the Constitution cannot serve as an appeal court on the question of fact, the facts recorded by the competent tribunal or court may be interfered with by the High Court under the jurisdiction of the Constitution if it is based on any evidence Or not recorded. The finding of facts cannot be interfered with by ignoring the material evidence on the record y The High Court, in its constitutional jurisdiction, recorded by the lower appellate court merely on the basis that a different view was possible based on the same material. The information was in accordance with the evidence available on the record and did not demand any intervention by the High Court Petition. Dismissed in circumstances

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