Law: Azad Jammu and Kashmir Rent Restriction Act, 1986

Section: 14

Azad Jammu and Kashmir Rent Restriction Act, 1986 S. 14‑‑‑Ejectment of tenant on grounds of subletting, unauthorised alterations in the premises in violation of tenancy agreement and for reconstruction‑‑‑Bona fides of ejectment application‑‑‑Both Rent Controller and Appellate Court below concurrently accepted ejectment application on all three grounds, but High Court accepting writ petition against concurrent judgments remanded the case to the Rent Controller holding that it was for the landlord to prove that application for the ejectment of tenants was bona fide as onus to prove same was on the landlord and not on the tenant‑‑ Validity‑ ‑‑Parties being alive to the subject-matter of issue, even if assumed that it was necessary to record the issue and change the onus of proof of said issue, that would not necessitate the remand of the case because the parties had led evidence in support of their respective contentions‑‑‑Tenants had failed to show as to how it was necessary for the landlord to prove the bona fides so far as the factum of subletting the premises and making alterations in the structure of the same in violation of agreement was concerned‑‑‑If the parties were alive to a point and led evidence in support and rebuttal of the same the wrote framing of issue or even non framing of the issue would not justify the remand of the case‑‑‑Onus of proof of the issue was immaterial when both the contesting parties were alive to the subject‑matter of the issue and led evidence in support of their respective contentions ‑‑‑Ejectment order passed by Rent Controller and affirmed by the Appellate Court below, could be maintained even on any one of three grounds of ejectment raised by the landlords in their ejectment application‑‑‑High Court was not justified in ordering the de novo trial of the issue‑‑ Judgment of High Court was set aside by the Supreme Court and order concurrently passed by Rent Controller and Appellate Court below, was restored. Syed Afaq Hussain Shah v. Chaudhry Sadaqat Ali PLD 1998 Lah. 431; Dr. Hassan v. Additional District Judge 1983 CLC 2446; Hanif v. Malik Ahmed Shah 2001 SCMR 577; Tariq Hussain Hashmi v. Master Ali Ammar 2001 SCMR 664‑ and…