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Second Rent Appeal No. 453 of 1978, decided on 7th April, 1980.
‑‑‑S. 15‑Second appeal‑Scope for interference by High Court in second appeal‑Limited to cases where Courts below in considering evidence on record misread evidence or appraisal of evidence by Courts below fallacious and perverse or Courts below committed an error in following a procedure prescribed by law producing alt error or defect it, ultimate decision of case on merits. ‑[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 Lab. 447 and Muhammad Hussain v: Amtul Batul 1979 S C M R 286 ref.
‑‑‑‑ S. 15‑Second appeal‑Mere fact of another view of evidence on record being possible, held, hardly a ground for interference with concurrent findings of fact, in second appeal.
‑‑ S. 30‑Statutory tenancy under S. 30 of Act‑Created in favour of persons in possession of houses or shops under provisions of Act,‑‑No other category of persons can acquire statutory tenancy rights under S. 30 of Act in respect of such properties much less a person who was inducted into such a property by transferee under an agreement of tenancy ‑Relationship between transferee and tenant in such circumstances to (e governed under normal tenancy law.
Manohar Lal for Appellant.
Akhtar Mahmood for Respondent.
Dates of hearing :15th and 22nd March, 1980
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