Law:

Section:

(a) Constitution of Pakistan (1973)--- Arts. 185 (3) & 199-Landlord and tenant-Leave to appeal granted to consider questions (1) whether High Court should have declined to exercise discretionary constitutional jurisdiction on ground of non­payment of rent by petitioner since 1976 - when position, undisputed by respondent, was that it was paid throughout at the rate fixed per annum per Jareeb, (2) whether Revenue Court had no jurisdiction to enhance rent fixed prior to 1976.-[Landlord and tenant]. (b) Constitution of Pakistan (1973)- ---Art. 199-Landlord and tenant-Landlord not denying that tenant (petitioner) had paid/deposited rent since 1976 at fixed rate per annum per Jareeb which according to landlord was the only amount payable-Finding of High Court that petitioner contesting claim of landlord for enhancement of lease money since 1976 and as petitioner had not deposited lease money at enhanced rates, therefore, petitioner paid no lease money to landlord uptil now, thus petitioner had not come to Court with clean hands-Held, finding of High Court that in circumstances, petitioner moved High Court with un­clean hands was not correct in view of admitted position that petitioner had paid fixed rent since 1976-Respondents were seeking enhancement and till adjudication of question of -increase, petitioners were supposed to pay lease money which was sought to be increased. (c) Constitution of Pakistan (1973) -- Art. 185(;)-High Court in constitutional jurisdiction not adequately dealing with points raised by appellant-Appeal merited acceptance on this short ground. Zahoor Muhammad Qureshi, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record (absent) for appellant (in both appeals). A. Rahman Khan, Advocate Supreme Court and Nur Ahmad Khan, Advo­cate-on-Record (absent) for respondents (in both appeals). Date of hearing: 3rd April, 1984. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-The two appeals through special leave of this Court, are directed against the judgment dated 6-1-1984 of the Peshawar High Court; whereby two Constitutional Petitions filed by the appellants in these cases were dismissed. Leave was granted to examine the following questions: - "(a)…

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