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Second Rent Appeal No. 453 of 1972, decided on 7th April, 1980.
‑‑ S. 15 ‑ Second appeal‑Scope for interference by High Court in second appeal‑Limited to instances where Courts below in consider ing evidence on record misread evidence or appraisal of evidence by Courts below fallacious and perverse or Courts below commit an error in following a procedure prescribed by law producing thereby an error or defect in ultimate decision of case on merits‑Mere fact of another view of evidence on record, being possible, held, can hardly be a ground for interference in second appeal with concur rent finding of fact.‑[Evidence].
Madu Gopal and others v. Maran Bepari and another P L D 1969 S C 617 ; Dr. A. K. Khan v. Muhammad Ishaq 1972 S C M R 437 ; Nadir Shah v. Lai Shah P L D 1954 Lah. 447 and Mohammad Hussain v. Amtul Balul 1979 S C M R 286 ref.
‑‑ S. 30 ‑ Section 30 creates statutory tenancy in favour of claimants, non‑claimants or locals in possession of houses or shops on 20th December, 1958‑Np ether category of persons can acquire statutory tenancy rights in respect of such properties much less a person, inducted into such a property by transferee under an agreement of tenancy.
Manohar Lal for Appellant.
Akhrar Mahmood for Respondent.
Dates of hearing : 15th and 22nd March, 1980.
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