IQBAL AHMAD vs MUHAMMAD MUJTABA And 2 Other
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which dismissed in limine a constitutional petition challenging an eviction order. The petitioner, a tenant, faced eviction from a shop on grounds of default in rent payment and the landlord's bona fide personal requirement. Following an initial eviction order by the Rent Controller and subsequent appellate proceedings, the District Judge maintained the eviction based solely on the landlord's personal need. The core legal question was whether the High Court correctly declined to interfere with concurrent findings of fact regarding the landlord's bona fide requirement, particularly where the tenant alleged misappreciation of evidence. The Supreme Court held that the petition lacked merit, as it sought a re-appraisal of evidence regarding a question of fact already concurrently determined by the statutory forums. The Court affirmed that such factual findings are not liable to be reopened in the absence of any demonstrated illegality in the proceedings, thereby upholding the eviction order.
- Can the Supreme Court re-appraise evidence regarding a question of fact that has been concurrently determined by lower statutory forums?
- Does the fact that a landlord has previously obtained possession of adjacent premises preclude a claim of bona fide personal requirement for another property?
- Is a finding of bona fide personal requirement by a Rent Controller and appellate authority subject to interference in constitutional jurisdiction when no illegality is shown?
ORDER
1. ZAFFAR HUSSAIN MIRZA, J.-- By order dated 19-5-1980 the Rent Controller, Sargodha, ordered the eviction of the petitioner who was a tenant in the disputed premises consisting of a shop in property No. 11 Lower Storey, Street No. 5, Block No. 19, Sargodha, on the grounds that the petitioner had made default in the payment of rent to the respondent /landlord and that the property in dispute was required in good faith for personal use by the landlord. The learned Additional District Judge, Sargodha, concurred with the findings arrived at by the Rent Controller and dismissed the appeal of the petitioner, but the Lahore High Court, on a constitutional petition filed by the petitioner, set aside the order, remanding the case for re-hearing of the appeal. The learned District Judge, Sargodha, on remand, once again by his order dated 16-1-1983, dismissed the appeal of the petitioner, but maintained the order of eviction only on the ground of personal need.
2. Being aggrieved by this judgment, the petitioner once again challenged the order in the constitutional jurisdiction but his writ petition has been dismissed in limine by order of a learned Judge of the Lahore High Court dated 14-2-1983. The petitioner has come up before this Court and seeks leave to appeal.
3. It has been contended on behalf of the petitioner that the order of eviction has been maintained by the learned District Judge on a gross mis-appreciation of evidence on record, which did not make out a case for bona fide personal requirement on the part of the landlord. In this connection it has been urged that the landlord, in a previous proceeding, obtained possession of the adjacent shop premises from its tenant and that the landlord has no family, inasmuch as he has no wife or children. The High Court while repelling this contention pointed out that there was a concurrent finding on this point by the to Courts below and that if the landlord was utilizing the previously obtained accommodation for his residential purposes, it did not in any way detract from his right to obtain possession of the premises presently in dispute for his business purposes.
4. After hearing the learned counsel we find that the petitioner only seeks a re-appraisal of evidence in regard to a question of fact, which has been concurrently determined against him. Such questions are ordinarily not liable to be reopened at this stage, as they stand conclusively determined by the statutory forums, especially when no illegality has been pointed out in the proceedings. There is, therefore, no merit in this petition, which is accordingly dismissed.