Col. (R) MUKHTAR AHMED USMANI vs PROVINCIAL GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2021 CLC 9 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 9 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: Col. (R) MUKHTAR AHMED USMANI vs PROVINCIAL GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Civil
Provisions referred to: S. 12---C; S. 11---L; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Col. (R) MUKHTAR AHMED USMANI VS PROVINCIAL GOVERNMENT OF KHYBER PAKHTUNKHWA S.12---Constitution of Pakistan, Art. 199---Civil Procedure Code (V of 1908), S.11---Lease agreement, cancellation of---Constitutional petition after dismissal of a suit---Res judicata, principle of---Applicability---Tenant at sufferance---Contention of petitioner was that he was entitled for renewal of lease in his favour---Validity---Petitioner prior to filing of constitutional petition had filed a suit which had been dismissed after full trial---Issues raised in the petition had already been decided in the said suit---Principle of res judicata was applicable to the proceedings of constitutional petition---Present petition was neither competent nor maintainable in circumstances---Petitioner had not mentioned in the contents of petition with regard to earlier suit which had been dismissed on merits---Constitutional jurisdiction of High Court was discretionary in nature---Lease in favour of petitioner had expired and his possession on the premises was without consent of respondents---Rent deposited on behalf of petitioner had been refunded by the respondents---Possession of petitioner was not better than a trespasser and he could be ejected at any time---Petitioner was not entitled to retain possession of suit property and he should deliver vacant possession to the respondents forthwith---Petitioner was a tenant at sufferance and in event of removal he would be entitled for compensation according to lease agreement---Constitutional petition being not maintainable was dismissed, in circumstances.

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