2017 CLCN 122 SUPREME-COURT-AZAD-KASHMIR

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LIAQAT ALI GILLANI VS KHALIL AHMED BUTT S. 14--- eviction petition---Ex parte ejectment order, setting aside of---Rent Controller, powers of---Scope---Rent Controller set aside ex parte eviction order against which appeal was allowed by the High Court observing that Rent Controller had no power to recall its order---Validity---Rent Controller had been vested with the powers to pass suitable orders on the applications of the parties---Rent Controller had powers to set aside ex parte eviction order---Setting aside of ex parte order by the Rent Controller would not amount to review---Civil Procedure Code, 1908 was not applicable to the proceedings before the Rent Controller however he was not debarred to take guidance from the settled principles of law and justice incorporated in the Code---Rent Controller was empowered to adopt any suitable mode of law while exercising the powers as the circumstances and administration of justice would demand---None of the parties could be deprived of vested legal rights on the ground of breach of peace---Impugned order passed by the High Court was set aside---eviction petition was ordered to be reopened for rehearing of the parties by the Rent Controller---Proper course for the Rent Controller would be to pass fresh speaking order after hearing the parties and considering the overall circumstances---Appeal was allowed accordingly.