Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Jammu and Kashmir (Administration of Property) Ordinance (III o1 1961), S. 5-B---Suit for declaration and consequential relief against enhancement of rent dismissed by Trial Court as also Appellate Court for lack of jurisdiction---Validity---Suit could not be dismissed unless issues were framed, evidence was recorded and parties were afforded opportunity of hearing---Where parties were at issue, it could not be said that there was no dispute and that could not be pronounced---In presence of serious issues arising from pleadings, Court could not adopt short way of dismissing suit for any reason, whatsoever, by ignoring normal procedure of framing issues and recording evidence---Where pleadings gave rise to controversial issues, same had to be resolved after recording of evidence---Trial Court as also Appellate Court, thus, committed irregularity in dismissing suit. PLD 1965 SC 671; PLD 1965 SC 698; 1991 MLD 345; 1994 MLD 874; PLD 1970 SC 180; 1994 CLC 342; 1994 CLC 984'and 1996 CLC 1382 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Jammu and Kashmir (Administration of Property) Ordinance (III of 1961), S. 5-B---Civil Procedure Code (V of 1908), O.VII, R. 11 & S. 115--­Rejection of plaint---Essentials---Only contents of plaint could be looked into for rejection of plaint while averments therein were deemed to be true for limited purposes---Where plaintiffs in their plaint had challenged orders of Authorities in appeal and revision, on the ground that same were violative of rule of natural justice; were based on no evidence; and were unfair, unreasonable, without jurisdiction and otherwise violative of relevant laws, such points could be resolved by recording evidence, after framing of issues---Suit and legal proceedings were prohibited only under S. 5-B, Jammu and Kashmir (Administration of Property) Ordinance, 1961, if Authority had acted in good faith or proceeded in accordance with provisions of Ordinance---In presence of serious allegations that orders were mala fide and that action was initiated to coerce petitioner for accepting illegal dictating terms, suit was not barred by S.5 of the Jammu…

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