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Second Appeal from Original Order No. 195 of 1978, decided on 6th April, 1980.
‑‑ S. 7‑Relevancy of facts‑Document written in 1971, held, cannot be considered relevant for determining rent at inception of tenancy in March, 1973.‑[Document].
‑‑ Ss. 137 & 138‑Cross‑examination of witness ‑ Courts below attaching credibility to evidence of some witnesses and High Court accepting opinion found by Rent Controller as to credibility of wit nesses appearing before him‑Witnesses not cross‑examined‑Failure to cross‑examine witnesses, held, amounted to acceptance of their statements.‑‑‑[Witness‑‑‑Cross‑examination.,
Harmes and anther v. Hinkson A I R 1946 P C 156 fol.
‑‑ S. 15(4), Explanation‑Concurrent finding of fact‑Held, need no interference by High Court in second appeal.‑[Finding of fact].
.‑‑‑‑ S. 13(3) (a) (i)‑Requirement for own occupation ‑‑ Landlady requiring premises for occupation of her in‑laws‑Providing accom modation to old parents‑in‑law along with landlady held not beyond scope of S. 13(3) (a) (i).
Abdul Salam Akhtar v. Dr. Najam Parvez 1976 S C M R 52 ref.
S. M. Zamir Zaidi for Petitioner.
Pervaiz Mahmood Mian with Ch. Mushtaq Hussain for Respondent.
Date of hearing :1st April, 1980.
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