Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art.115---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Estoppel---Landlord and tenant---Tenant once admitting title of his landlord, could not subsequently deny the same---Person having admitted opposite-party as owner/allottee of such property could not deny his such admission in his Constitutional petition. Chief Election Commissioner v. Abdul Majid PLD 1986 SC (AJ&K) 120; Muhammad Shafi Khan v. Ghulam Din PLD 1992 SC (AJ&K) 58; India Electric Works Ltd. v. Mrs. B. S. Mantosh AIR 1956 Cal. 148 and B. K. Ghosh v. B.K. Joysurendra Singh AIR 1959 Manipur 27 ref. (b) Constitution of Pakistan (1973)--- ----Art.199---Constitutional petition---Petitioner' conduct---Person seeking remedy by invoking Constitutional jurisdiction must come to Court with clean hands---Appellant having not come to High Court with clean hands in denying ownership/allotment of respondent, was not entitled to relief under Art.199 of the Constitution. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.---This appeal has been directed against the order of the High Court, dated 30-7-1992, whereby the writ petition filed by the appellant was dismissed in limine. Brief facts of the case are that the appellant claimed before the Rehabilitation Authorities and then the Additional Custodian that Shop No.143/1, situated in Lower Bazar, Muzaffarabad, in fact, was never allotted to respondent No.4 and, thus, the same should be allotted to him as he was not only entitled to the allotment on merits but has also been running business since the year 1960. There has been protracted litigation between the parties before the Rehabilitation Authorities, the Multiple Judge and the Rent Controller. The detail of the said litigation need not be narrated here. Suffice it to say, the claim of the appellant was rejected by the Rehabilitation Commissioner and the Additional Custodian holding that the shop in question was allotted to Khan Muhammad Usman, respondent, in the year 1955 who, subsequently reconstructed the same as it was not in good condition. The appellant filed the writ petition in the High Court seeking the declaration that the findings of…

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