1991 SCMR 277 SUPREME-COURT

Full text

SHER AHMED VS MUHAMMAD ABDULLAH Code of Civil Procedure 1908--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.42---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Civil Procedure Code (V of 1908), S.11---Petitioner's suit for declaration that he was owner in possession of house in dispute and for injunction to restrain respondents from interfering with his possession on basis of agreement to sell having been executed by previous owner, was dismissed, as also his appeal and revision---Respondents' eviction petition against petitioner had succeeded right uptil the High Court---In eviction petition, present petitioner claimed to be the landlord, which plea was not accepted---Petitioner, desired that he should be treated as owner in possession of house in question---Petitioner could not be treated as owner, because earlier decision of High Court in ejectment petition would bar re-opening of said issue later on in any other forum, where general or special principles of constructive res judicata would apply---Finding of High Court on issue of ownership was thus right.