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Second Appeal No. 42 of 1978, decided on 7th December, 1980.
S. 13(2)(ii)(a)‑Subletting‑Burden of proof‑Appellant No. 2 carrying on practice as Homoeopath in shop rented to appellant No. 1 (tenant) without permission of respondent (landlord)‑Held, once landlord proves some body else using rented premises either exclusively or jointly with tenant, burden of proof shifts on tenant to explain relationship between him and user of tenement.‑[Burden of proof].
S. 15(4), Explanation read with Civil Procedure Code (V of 1908), S. 100‑Concurrent finding of fact‑Concurrent finding of two Courts below on question of subletting neither perverse nor contrary to record‑‑Held, High Court cannot interfere with concurrent finding of fact in second appeal even if such finding seems erroneous.‑[Finding ; ;' of fact].
Abdul Majid and others v. Khalil Ahmed P L D 1955 F C 38 ref,
‑‑ S. 13(3)(b)‑Landlord's claim for personal requirement‑Controller's satisfaction of bona fides of‑Respondent (landlord) filing application for ejectment of other tenant from another shop on ground of personal requirement ‑ Rent Controller dismissing application First Appellate Court and High Court upholding order of Rent Controller‑Held, record of this case cannot be looked into for purpose of deciding present case because two cases neither consolidated nor evidence in one case ordered to be read as part of evidence in other case and vice versa.
Zafar Alam Khan for Appellants.
Nizamuddin Qureshi and Ismail Padhiar for Respondent.
Date of hearing: 7th December, 1980.
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