2003 CLC 152 KARACHI-HIGH-COURT-SINDH

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MUNIR HASSAN KHAN VS Syed AZIZ AHMED Cantonments Rent Restriction Act 1963--23 , ---Ss. 17 & 23---Ejectment order passed in a second case---Doctrine of res judicata---Applicability---Landlord withdrew application for execution of ejectment order passed in first case after tenant executed new agreement agreeing to pay monthly rent and also arrears of rent on intervals specified therein---Tenant defaulted in fulfilling terms of new agreement, over which landlord filed ejectment application, which was allowed---Contention of tenant was that second rent case was hit by S.23 of the Cantonments Rent Restriction Act, 1963---Validity---Earlier eviction order had been passed against tenant for his failure to comply with tentative rent order and his defence had been struck off under S.17(9) of the Act---Execution of earlier eviction order had been withdrawn after execution of new agreement---Circumstances of the case and cause of action were altogether different and premised on different sets of facts---Default in payment of rent was not only in respect of current rent but also with regard to arrears-- -Additional ground of default had resulted from non-payment of utility bills---Period and nature of default was wholly new-Decision in the earlier case could not be final in respect of subsequent defaults, thus, bar contained in S.23 of the Act was not applicable.