Law: Civil Procedure Code (V of 1908)

Section: 11,O.II,R.2,

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Civil Procedure Code (V of 1908)--- ----O. II, R. 2 & S.11---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Land acquisition---Reference finally decided upto the Supreme Court---Enhancement of rent was sought after determination of compensation---Relinquishment of claim---Effect---Contention of authorities was that petitioners had already availed remedy and matter had been finally resolved by the Supreme Court---Validity--- When plaintiff had relinquished any portion of his claim, he could not sue with regard to the same afterwards---Petitioners had sought same remedy with regard to rent amount which had been resolved upto the Supreme Court---Claim of petitioners was not permissible under the law; they must have included whole of the claim for which they were entitled with regard to same cause of action and could not invoke extraordinary jurisdiction of High Court for the same relief---Writ petition was dismissed in limine in circumstances. 2004 SCMR 538; 2009 CLC 1108 and 2004 CLC 682 distinguished. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KAYANI, J.--- The above captioned writ petition, filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the following relief has been claimed by the petitioner:-- "Therefore, it is very humbly prayed that by accepting this writ petition the following relief may very graciously be granted in favour of the petitioners:- A). Direct the respondents to pay the outstanding rent from 1961 to 2004 aggregating to Rs.23,94,500/- as per verdict of the learned High Court dated 12.04.2014, upheld by the Honorable Supreme Court vide its judgment/decree dated 17.03.2016 (PB/2 and PB/3), forthwith. B). Direct the respondents to pay the rent as per dictum of section 14(2)(i) AJK Rent Restriction Act, 1986 from 2005 to 2016 with 25% increase, as follows:- agreed rent was 16000/- per month. From 2005 to 2007 @ 20000/- pm Rs. 576000/- From 2008 to 2010 @ 20000/- pm Rs. 720000/- From 2011 to 2013 @ 25000/- pm Rs. 900000/- From 2004 to 2016 @ 31250/- pm Rs. 1125000/- Grand total Rs.3321000/- In case of default vacate the premises and surrender to the petitioners their…

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