AZHAR SALEEM vs MUHAMMAD ANWAR KHAN ETC.S

This matter arises from a second appeal filed in the High Court against the judgment and order of the first appellate court regarding the ejectment of a tenant, where the landlords sought the premises for demolition and reconstruction. The core legal question is whether a second appeal is maintainable in the High Court against a concurrent finding of fact under the relevant statutory provisions. The Supreme Court held that no second appeal lay to the High Court in view of the concurrent findings of fact that the landlords honestly required the demised premises for demolition and reconstruction. The key principle laid down is that findings of fact arrived at by lower appellate courts cannot be reopened in a second appeal, and lack of maintainability under sections 100 and 101 of the Code of Civil Procedure bars such second appeals.