Law: Azad Jammu and Kashmir Rent Restriction Act, 1986

Section: 14

Azad Jammu and Kashmir Rent Restriction Act (XIII of 1986)--- ----S. 14--- Ejectment petition---Enhancement of rent---Landlord, during pendency of eviction petition, moved application for enhancement of rent which was accepted and tenant was directed to deposit tentative rent---Validity---Relationship of landlord and tenant existed between the parties---Matter with regard to ejectment of tenant was subjudice before the Rent Controller---Appeal had been filed against interim order passed by the Rent Controller---Amount deposited under impugned order was subject to adjustment at the time of final disposal of the matter between the parties---Impugned order was neither a final order nor matter had been finally disposed of---Rent Controller had discretionary power to hold inquiry and he was not bound to follow the procedure stipulated in Civil Procedure Code, 1908---Rent Controller had not violated any law---Appeal was dismissed, in circumstances. Sheikh Khalid Mehmood v. Mallick Muhammad Irfan PLD 1983 SC (AJ&K) 204 rel. JUDGMENT CH. MUHAMMAD IBRAHIM ZIA, C.J.---The captioned appeal by leave of the Court is the outcome of the judgment of the High Court dated 15.05.2018, whereby the writ petition filed by appellant, herein, has been dismissed in limine. 2. The precise facts of the case are that the appellants and respondent No.1, herein, entered into an agreement of rent pertaining to property/Plaza situated at plot Nos.233/232, Sector F-1, Mirpur. The respondent-landlord moved an application for ejectment of the tenants before the Rent Controller, Mirpur. During the pendency of said application, the landlord filed another application on 03.03.2017 for enhancement of rent and claimed monthly rent of Rs.1,77,155/-. The appellant, herein, filed objections on the application. After due process, the learned Rent Controller accepted application vide order dated 15.07.2017 with the direction to the appellant, herein, to deposit Rs.64,420/-. The appeal before the District Judge was dismissed vide order dated 18.09.2017. The writ petition before the High Court also failed, hence, this appeal by leave of the Court. 3. Mr. Taimoor Ali Khan, Advocate, the learned counsel…

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