FAYYAZ AHMED ABBASI vs DISTRICT JUDGE MUZAFFARABAD S — 2023 CLC 188 HIGH-COURT-AZAD-KASHMIR

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FAYYAZ AHMED ABBASI VS DISTRICT JUDGE MUZAFFARABAD S.18---appeal---Scope---azad Jammu and Kashmir Rent Restriction act, 1986, is a special law meant for summary disposal of the dispute that is why only one right of appeal is provided against the order/decision passed by the Rent Controller. Head NotesCase Description Citation Name: 2023 CLC 188 HIGH-COURT-AZAD-KASHMIRBookmark this Case FAYYAZ AHMED ABBASI VS DISTRICT JUDGE MUZAFFARABAD S.14---Eviction of tenant---Execution of orders---Scope---If the order of Rent Controller is not complied with the punitive action can be pressed into service. Head NotesCase Description Citation Name: 2023 CLC 188 HIGH-COURT-AZAD-KASHMIRBookmark this Case FAYYAZ AHMED ABBASI VS DISTRICT JUDGE MUZAFFARABAD S.14---Eviction of tenant---Auction of articles lying in rented premises---Scope---Tenant assailed order passed by Rent Controller whereby he had ordered for auction of the articles installed in rented premises by the tenant---District Judge dismissed the appeal---Validity---Petitioner had neither paid monthly rent nor had he vacated the rented premises---Time barred appeal against the decision of Rent Controller was dismissed and ultimately execution proceedings were initiated but the tenant despite service had not bothered to appear before the Rent Controller---Consequently, articles lying in the rented premises were confiscated---Decree against the tenant was yet to be satisfied---Remedy by way of writ was an extraordinary remedy, which could only be exercised in extraordinary circumstances which was always subject to conduct of the petitioner---No violation of law had been pointed out in the impugned orders, hence, interference was not warranted---Writ petition was dismissed. Head NotesCase Description Citation Name: 2023 CLC 188 HIGH-COURT-AZAD-KASHMIRBookmark this Case FAYYAZ AHMED ABBASI VS DISTRICT JUDGE MUZAFFARABAD art.44---Writ jurisdiction---Scope---High Court while exercising writ jurisdiction does not sit as Court of appeal upon the order passed by the subordinate Court or Tribunal. Head NotesCase Description

FAYYAZ AHMED ABBASI vs DISTRICT JUDGE MUZAFFARABAD S — 2023 CLC 188 HIGH-COURT-AZAD-KASHMIR

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