NOMAN ASHRAF vs Sardar NAZAR MUHAMMAD KHAN S — 2022 YLR 1771 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 YLR 1771 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: YLR
Parties: NOMAN ASHRAF vs Sardar NAZAR MUHAMMAD KHAN S
Subject matter: Civil
Provisions referred to: S. 20---E; S. 20; Kashmir Rent Restriction Act; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NOMAN ASHRAF VS Sardar NAZAR MUHAMMAD KHAN S. 20---Ejectment of tenant and recovery of arrears of rent---Respondent/ landlord claimed that petitioner/tenant only paid rent of one month after execution of tenancy deed and he had defaulted in payment of rent for 3 months besides electricity bills were also outstanding on part of the tenant---Both the Courts below ordered for ejectment---Counsel of answering respondent drew Court's attention to the fact that respondent had passed away and the present petition had been filed against the dead person, therefore, question to be determined was whether the writ petition was maintainable against a dead person particularly when his legal heirs were alive and the petitioner even after the objection raised at bar did not bother to seek time for bringing on record the legal heirs of the deceased landlord/ respondent---Held, that matters pertaining to rent issues were governed by a special law on the subject i.e. the Azad Jammu and Kashmir Rent Restriction Act, 1986---Under S. 20 of the Act, certain provisions of Civil Procedure Code, 1908, had been expressly made applicable regarding summoning and enforcing the attendance of witnesses----However, no other provisions of the C.P.C. including O. XXII thereof had been made applicable---Rent Controller, therefore, had ample power to adapt any procedural mode regarding the lis pending before him as well as the appellate fora---Order passed by the Rent Controller and Appellate Authority could not be regarded as violation of law calling for interference in exercise of writ jurisdiction---Writ petition was dismissed accordingly.

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