' This writ petition has been filed by a tenant of commercial premises in Bhakkar town.
2. The brief facts are that the landlady had filed an eviction application against the petitioner on the ground that she needed the premises in dispute bona fide for the use and occupation of her son who was without any job. The Rent Controller came to the conclusion that the bona fide personal need of the lady or her son was not made out. The respondent-landlady went in appeal which was accepted by the learned District Judge, Bhakkar after disagreeing with the reasons adopted in this case by the Rent Controller. He was of the view that it was established on the basis of evidence that the need of the landlady was bona fide and the mere fact that during the pendency of application for eviction another shop had been vacated by the petitioner would not be sufficient to disentitle the landlady to get possession of shop of her own choice.
3. The learned counsel for the petitioner has criticized the judgment of the learned District Judge on the ground that once another shop had been vacated and had become available to the landlady, she could not insist on vacation of shop which is now in dispute. This argument of the learned counsel for the petitioner has been met by the learned counsel for respondent Malik Allah Wasaya by relying on 1968 SCMR 1087 and 1973 SCMR 185. In the former case, a plea had been raised that since another flat in the building had fallen vacant earlier but the landlord let out that flat to a tenant and did not utilize it for themselves, therefore, good faith was wanting. The argument was repelled by observing that as to which portion of the building would suit to the landlord better, must be left to their discretion and that there was nothing unreasonable in the landlords' insisting that a particular portion of the building should be made available to them. The latter case also supports the stand of respondents. It is also laid down that the law did not give a right to the Rent Controller or the tenant the power to determine the choice of the landlord. In this connection, the safeguard provided by section 13(4) of the Ordinance had also been referred to. I find that the two precedents cited by the learned counsel for respondents fully covers the facts of the present case.
4. Moreover, the questions determined by the learned District Judge as appellate authority are questions of fact and inferences drawn from evidence led in the case and all other attending circumstances of the case. I do not feel inclined in exercise of my Constitutional jurisdiction to go over the entire matter once again because after a fair assessment of the judgment of the learned District Judge, I find no error of the relevant kind which would be vitiate of his judgment. I must observe that this Court would not exercise its Constitutional jurisdiction normally in rent matters unless an exceptional case is made out. Reference may be made to PLD 1981 SC 246. It has further been laid down by the learned Supreme Court in this case that a tribunal having jurisdiction to decide the matter is competent to decide it rightly or wrongly and the mere fact that another conclusion could be arrived at from the evidence does not make it a case for interference in exercise of Constitutional jurisdiction. The second principle which stands attracted to this case is that writ jurisdiction is not available to embark upon a reappraisal of evidence and proceed as if it were hearing an appeal from a subordinate Court. Reference may be made to PLD 1981 SC 522.
This is also in consonance with the policy of Legislature that second appeal stands abolished.
5. Before parting with the case, it may be observed that it is in evidence that the shop from which the petitioner's eviction was sought on the ground of personal need is better on account of being Puce and having cement plastering on the walls as compared to other shops which are Katcha as held by the learned District Judge.
' For all these reasons, I do not find it to be a fit case for interference in exercise of my discretionary Constitutional jurisdiction. The writ petition is, therefore, dismissed with no order as to costs.