| Citation(s) |
|---|
| 2015 SLG 572 2015 SLD 572 2015 MLD 143 |
High Court (AJ&K)
Writ Petition No. 53 of 2013, decided on 6th July, 2013
MUNIR AHMED CHAUDHARY, J
Syed Nishat Kazmi for Petitioner. Muhammad Farooq Minhas for
Respondents
Writ Petition No. 53 of 2013, decided on 6th July, 2013
MUNIR AHMED CHAUDHARY, J
Syed Nishat Kazmi for Petitioner. Muhammad Farooq Minhas for
Respondents
MUHAMMAD MUBEEN KHAN
VS
FARZAND BEGUM and 8 others
Law: Azad Jammu and Kashmir Rent Restriction Act, 1986
Section: 4,14
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 44
Azad Jammu and Kashmir Rent Restriction Act (XIII of 1986)--- ----Ss. 4 & 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Scope---Laches, doctrine of---Applicability---Tenant filed application for determination of fair rent of the premises whereas landlord moved application for his eviction---Ejectment petition was accepted concurrently---Validity---Both the parties produced their evidence and case was decided in accordance with law---Tenant had not pointed out that courts below exercised their jurisdiction without justification or exercised the powers which were not vested in the said courts---Rent Controller had powers to summon and enforce the attendance of witnesses and to make inquiry---High Court while exercising writ jurisdiction could not sit upon the s of subordinate courts or local authorities or tribunals as a court of appeal---Orders passed by the courts below could not be set aside by the High Court in writ jurisdiction---Writ petition had been filed after five months from the of District Judge---Explanation that copies of s were not provided was not reliable---Writ petition could be filed soon after the of District Judge even without appending the copies of the same with permission of the court---Present writ petition was also hit by the doctrine of laches---Writ petition was dismissed in limine. PLD 1983 SC (AJ&K) 204; 1996 MLD 355 and 2011 SCR 59 rel. ORDER MUNIR AHMED CHAUDHARY, J.---This writ petition has been filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, through which the following prayer was solicited:-- "It is therefore, most respectfully prayed that by accepting this writ petition, may kindly be accepted, impugned judgment passed by the learned District Judge Rent Controller Mirpur dated 30-10-2012 and the Rent Controller dated 30-12-2011 may kindly be set at naught. Any other relief permissible under law may also be granted in favour of the petitioner." 2. Brief facts as stated in the writ petition are that the petitioner being tenant of a shop filed an application for fair rent before Rent Controller Mirpur and the respondent No.1 being owner of…
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