2015 MLD 330 SUPREME-COURT-AZAD-KASHMIR

Full text

MUHAMMAD ANAYAT KHAN VS Sardar MUHAMMAD ILTAF KHAN 1996 PLC 411, 2012 MLD 1707, 2013 YLR 169, 2014 CLC 758, PLD 2009 Lah. 140, Appeal to Supreme Court--TERM , Azad Jammu and Kashmir Interim Constitution Act 1974--42 , Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Competence--Term , Eviction of tenant--TERM , Necessary party--Term , S. 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Appeal to Supreme Court---Writ petition before High Court---Competence---eviction of tenant---Necessary party---Scope---Ejectment petition was accepted concurrently by the Rent Controller and Appellate Court below---High Court dismissed writ petition for not impleading Rent Controller as a party in the line of respondent---Validity---Writ petition without arraying functionary who had passed an order against a party in the line of respondent was not competent---Basic order in the present case had been passed by the Rent Controller who was a necessary party and without arraying him as party in the line of respondents writ petition was not maintainable---Appellate Court had not passed the original order which was passed by the Rent Controller---Rent Controller was necessary party in the present case---No illegality was found in the impugned order passed by the High Court---Tenant was directed to hand over the vacant possession of demised premises to the landlord within specified period and he was also directed to pay rent till eviction of demised premises---Appeal was dismissed in circumstances.