2004 MLD 1297 LAHORE-HIGH-COURT-LAHORE

Full text

DAULAT BIBI VS MUHAMMAD KHAN Civil Procedure Code --Order II of C.P.C. Frame of Suit--2 , Code of Civil Procedure 1908--11 , Specific Relief Act 1877--42 , Specific Relief Act 1877--8 , ----Ss.8 & 42---Civil Procedure Code (V of 1908), S.11, & O.II, R.2--Filing of second suit---Same cause of action---Principle of res judicata--Applicability---eviction of licensee---Disputed property was allotted to the predecessor-in-interest of plaintiffs which had been given to defendants for temporary use as licensees---Earlier suit was filed by the predecessor-in-interest of plaintiffs for declaration which was dismissed by Trial Court in exercise of jurisdiction under O.XVII, R.3 C.P.C.--Subsequently, the plaintiffs filed the present suit for possession of the suit property on account of revocation of licence---Both the Courts below concurrently decreed the suit in favour of plaintiffs---