Sections 15 (2) (ii) and 21 of the Constitution of Pakistan (1973), Article 185 (3) allow appeal, approval of the evaluation of evidence should be excluded on a default basis, challenge appeal was affirmed. The interlocutory appeal is allowed to review this question. Used against the tenant when it was acknowledged that he was not an ordinary payee, reluctantly insisted on default payment and requested that the landlord, as usual, continue to receive the receipt. Did not, however, instead apply for withdrawal and his persistent attitude in trying to avoid the default of evidence presented, could result in different results if properly considered.
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