2015 MLD 143 HIGH-COURT-AZAD-KASHMIR

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MUHAMMAD MUBEEN KHAN VS FARZAND BEGUM 1996 MLD 355, Applicability--Term , Azad Jammu and Kashmir Interim Constitution Act 1974--44 , Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Azad Jammu and Kashmir Rent Restriction Act 1986--4 , Writ Petition--TERM , Ss. 4 & 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Scope---Laches, doctrine of---Applicability---Tenant filed application for determination of fair rent of the premises whereas landlord moved application for his eviction---Ejectment petition was accepted concurrently---Validity---Both the parties produced their evidence and case was decided in accordance with law---Tenant had not pointed out that courts below exercised their jurisdiction without justification or exercised the powers which were not vested in the said courts---Rent Controller had powers to summon and enforce the attendance of witnesses and to make inquiry---High Court while exercising writ jurisdiction could not sit upon the judgments of subordinate courts or local authorities or tribunals as a court of appeal---Orders passed by the courts below could not be set aside by the High Court in writ jurisdiction---Writ petition had been filed after five months from the judgment of District Judge---Explanation that copies of judgments were not provided was not reliable---Writ petition could be filed soon after the judgment of District Judge even without appending the copies of the same with permission of the court---Present writ petition was also hit by the doctrine of laches---Writ petition was dismissed in limine.