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HAROON AKHTAR versus KHATOON HADI


Section 15 (4) read with Section 100, Civil Code of Conduct (v. 1908) concurrent, no misinterpretation of the finding of fact, concurrent with the two courts and consistent with the evidence on record and in accordance with the provisions of law. Also, there is no need to interfere with the second appeal as the facts of the holding are a question of fact.

1981 C L C 1104

[Karachi]

Before Sajjad Ali Shah, J

HAROON AKHTAR AND 5 OTHERS‑Petitioners

versus

Mst. KHATOON HADI‑Respondent

Second Appeal No. 190 of 1974, decided on 25th May, 1980.

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑----

‑‑ S. 4‑Determination of fair rent‑Fair rent fixed for one of tenements in a big building‑Not binding on tenants of other tenements, such tenants being not parties to fixation of rent in earlier proceedings and tenements in consideration being better located.

Manzoor Ahmed and others v. Muhammad Sharij and others P L D 1970 Lah. 391 rel.

Byramji Mama v. Abdul Karim and others P L D 1968 S C 286 ref.

(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑------

‑‑ S. 15 (4) read with S. 100, Civil Procedure Code (V of 1908) Concurrent, findings of fact‑No misreading of evidence‑Findings of two Courts below concurrent and very consistent with evidence on record and also according to provisions of law‑Held, deter mination of fair rent being a question of fact no interference called for in second appeal.‑[Evidence‑Findings of fact].

S. A. Qadri for Appellants.

Manzoorul Haq for Respondent.

Date of hearing : 20th April, 1980.

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