2023 CLC 188 HIGH-COURT-AZAD-KASHMIR

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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.