' Respondents Nos. 2 to 8 Shah Muhammad and others, hereinafter referred to as the respondent, made an application for ejectment of the petitioners, Muhammad Akram and another, from a shop, on the ground that they needed the shop for doing business. Their application was accepted by a Rent Controller with the result that the petitioners were ordered to vacate the disputed shop.
They went in appeal before an Additional District Judge but in vain. Hence Constitutional petition by them.
2. Learned counsel for the petitioners contended that although the petitioners had produced evidence to show that two of the respondents, namely, Muhammad Iqbal and Muhammad Jamil, were of unsound mind yet the said evidence was not taken into consideration by the learned appellate authority while deciding the appeal. It was maintained by him that since the averment made by the respondents was that they wanted to do business in the disputed shop but Muhammad Iqbal and Muhammad Jamil were not mentally fit to carry on any business, their requirement was not bona fide. It was also pointed out by bim that the said two respondents did not appear as witnesses to substantiate their plea of personal needs. In this connection reliance was placed on Ghulam Mohyuddin v. Suba Khan (1), Ghulam Mohy-Din v. Muhammad Ishaq and others (2), Muhammad Siddique v. Mistri Muhammad Aslam (3). As for the other respondents it was urged by learned counsel that since they were employed at different places
(1) PLD 1977 Lah.
109.4 (2) 1980 CLC 241
(3) PLD 1975 Lab. 308 ' they did not need the shop in question. Additionally, it was submitted by learned counsel that although it was stated by Shah Muhammad respondent as A. W. 2 that the respondents had abandoned their business before letting out the shop to the petitioners yet his statement in this behalf was not taken into consideration by the learned Additional District Judge.
2. While replying to the arguments advanced by learned counsel for the petitioners it was not denied by learned counsel for the respondents that the respondents other than Muhammad Iqbal and Muhammad Jamil were employed. It was, however, denied by him that Muhammad Iqbal and Muhammad Jamil were mentally unstable and, therefore, did not need the shop for their own occupation. As for their omission to appear as their own witnesses the plea raised by learned counsel for the respondents was that it was not fatal to their case. He relied on Muhammad Ali and another v. Maryam Bibi and another (1) to support his submission.
3. I have gone through the judgment of the learned Additional District Judge which shows that while deciding the appeal he did not take into consideration the evidence of the petitioners that Muhammad Iqbal and Muhammad Jamil were persons of unsound mind. He had also failed to take into account the respondents' own evidence that earlier they had done business in the disputed premises but had then rented out the same. Thus. Material pieces of evidence were overlooked while deciding the appeal. The order of the learned appellate authority, is, therefore, open to interference by this Court.
4. Resultantly, I accept the petition, set aside the order of the learned appellate authority and direct him to re-decide the appeal after taking into consideration the entire evidence on the record. The parties are directed to appear before him on 29th June, 1981.
(1) NLR 1980 Civil Lah. 242