1998 MLD 894 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASHRAF BHATTI VS MUHAMMAD YAQOOB 1985 SCMR 24, PLD 1985 SC 220, PLD 1988 SC 76, Code of Civil Procedure 1908--11 , ----S. 14---Civil Procedure Code (V of 1908), S. 11---Principle of res judicata-Applicability---Extent---Essentials---Situation when res judicata not applicable-Rent Controller could apply rule of res judicata subject to condition that issues raised in eviction application were directly and substantially in issue in first application and were conclusively decided by Rent Controller---Dispute relating to ejectment of tenants being of continuous nature, same grounds could be examined by Rent Controller in changed circumstances of each application--Earlier application of landlord for ejectment was dismissed on account of their right to lead evidence having been closed---Decision rendered by Rent Controller in earlier ejectment application being not on merits, would not operate as res judicata in subsequent ejectment application, which was based on their clear title while at the time of earlier application they were still defending their title.