2017 CLCN 146 SUPREME-COURT-AZAD-KASHMIR

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MUHAMMAD MOBEEN KHAN VS FARZAND BEGUM S. 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Ejectment of tenant---Writ petition---Laches, doctrine of---Applicability---eviction petition was allowed against which appeal was dismissed by the Appellate Court---High Court dismissed writ petition in limine---Validity---Tenant did not obtain requisite certified copy of judgment of appellate court within reasonable time rather he applied for the same after passage of more than three month's time---Rent Controller had power to give reasonable time to the tenant for putting landlord in possession of demised premises and extend such time not exceeding four months in aggregate---When a person was negligent by his conduct, exercise of writ jurisdiction might result into causing injustice to the other party and also defeat the very purpose of special law---Tenant had challenged the propriety of concurrent findings recorded by the Courts/Tribunal of special jurisdiction after passage of more than four month's time---Explanation advanced for delay was not satisfactory and having no substance---High Court had rightly taken into consideration all the factors while dealing with the question of laches---Writ petition against concurrent findings of Courts/Tribunals having jurisdiction was not maintainable---Appeal was dismissed with costs in circumstances.