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Petitioner: MUHAMMAD MUSHTAQ VS Respondent: HAMIDULLAH
1984 S C M R 835
1984 S C M R 835
Present : Muhammad Afzal Zullah and M. S. H. Quraishi, JJ
MUHAMMAD MUSHTAQ‑Petitioner
Versus
HAMIDULLAH AND 2 OTHERS‑Respondents
Civil Petition for Special Leave to Appeal No. 633‑R of 1983, decided on 18th March, 1984.
(On appeal from the judgment and order dated 6‑11‑1983 of the Lahore High Court, Rawalpindi Bench, in W. P. No. 466 of 1983)
Constitution of Pakistan (1973)‑
‑‑-Art. 185 (3)‑Displaced Persons (Compensation and Rehabilita tion) Act (XXVIII of 1958), S. 10‑West Pakistan Urban Rent Restriction Ordinance (VI of 19591, S. 13‑Civil Procedure Code (V of 1908), S. 11‑Ejectment on ground of default in payment of rent Tenant contending that issue of relationship between parties having been decided in earlier round of proceedings against landlord, second round giving rise to present petition, earlier decision on relationship would operate as res judicata‑Held, issuance of transfer order of property to landlord on basis of which subsequent proceedings were commenced furnished fresh cause of action to landlord on account of which tenant was ordered to be evicted ‑ No justification for interference having been made out, petition dismissed as without any force.
Muhammad Munir Paracha, Senior Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 18th March, 1984.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑Leave to appeal has been sought from Order, dated 6‑11‑1983 of the Lahore High Court; whereby petitioner's Constitutional Petition against the orders of his eviction on ground of default in payment of rent, was dismissed in limine.
The petitioner's counsel has contended that the issue of relationship between the parties was decided in earlier round of proceedings against the respondent. Therefore in the second round which gave rise to the present petition the earlier decision on relationship would operate as res judicata. There is no force in this plea. The transfer order on the basis of which the subse quent proceedings were commenced was issued in favour of the respondents landlords after the final adjudication in the earlier round of litigation. The issu ance of the Transfer Order furnished fresh cause of action to the respondents. And admittedly it was regarding a fresh default in the payment of rent, on account of which the petitioner has been ordered to be evicted. No justi fication for interference having been made out this petition is dismissed a without any force.
M. Z. M. Petition dismissed.