| Citation(s) |
|---|
| 2015 SLG 1521 2015 SLD 1521 2015 MLD 330 |
Supreme Court (AJ&K)
Civil Appeal No.15 of 2011, decision dated: 2-07-2014, hearing DATE : 16-05-2014.(On appeal from the judgment of the High Court dated 25-3-2011 in Writ Petition No.572 of 2010)
MUHAMMAD AZAM KHAN, C.J. AND RAJA SAEED AKRAM KHAN, J
Syed Nazir Hussain Shah Kazmi, Advocate for Appellant. Sadaqat Hussain Raja, Advocate for
Respondents
Civil Appeal No.15 of 2011, decision dated: 2-07-2014, hearing DATE : 16-05-2014.(On appeal from the judgment of the High Court dated 25-3-2011 in Writ Petition No.572 of 2010)
MUHAMMAD AZAM KHAN, C.J. AND RAJA SAEED AKRAM KHAN, J
Syed Nazir Hussain Shah Kazmi, Advocate for Appellant. Sadaqat Hussain Raja, Advocate for
Respondents
MUHAMMAD ANAYAT KHAN
VS
Sardar MUHAMMAD ILTAF KHAN and another
Law:
Section:
Azad Jammu and Kashmir Rent Restriction Act (XIII of 1986)-------S. 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Appeal to Supreme Court---Writ petition before High Court---Competence---Eviction of tenant---Necessary party---Scope---Ejectment petition was accepted concurrently by the Rent Controller and Appellate Court below---High Court dismissed writ petition for not impleading Rent Controller as a party in the line of respondent---Validity---Writ petition without arraying functionary who had passed an order against a party in the line of respondent was not competent---Basic order in the present case had been passed by the Rent Controller who was a necessary party and without arraying him as party in the line of respondents writ petition was not maintainable---Appellate Court had not passed the original order which was passed by the Rent Controller---Rent Controller was necessary party in the present case---No illegality was found in the impugned order passed by the High Court---Tenant was directed to hand over the vacant possession of demised premises to the landlord within specified period and he was also directed to pay rent till eviction of demised premises---Appeal was dismissed in circumstances. National Bank of Pakistan Circle Head and 2 others v. Labour Appellate Tribunal and another 1996 PLC 411 and Syed Khurram Shah v. Mian Muhammad Shahbaz Sharif and 4 others PLD 2009 Lah. 140 rel. National Bank of Pakistan Circle Head and 2 others v. Labour Appellate Tribunal and another 1996 PLC 411; Syed Khurram Shah v. Mian Muhammad Shahbaz Sharif and 4 others PLD 2009 Lah. 140; Zahid Mehmood Shah and 24 others v. Azad Government and 14 others 2011 SCR 159; Siraj Din v. Azad Jammu and Kashmir Government through Chief Secretary and 13 others 2012 MLD 1707; Raja Muzaffar Hussain Khan and 9 others v. Board of Revenue through Member Muzaffarabad and 26 others 2014 CLC 758 and Anam Jabbar and 6 others v. Azad Government and 12 others 2013 YLR 169 rel. JUDGMENT MUHAMMAD AZAM KHAN, C.J.---The appellant and respondent No.1 are tenant and landlord respectively of the shops, situate in Supply Bazar, Rawalakot. The shops were rented out to…
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