1990 SCMR 871 SUPREME-COURT

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DEEN MUHAMMAD VS DISTRICT JUDGE, KOHAT West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art.185(3)---Landlord and tenant, relationship of---Tenant's contention that in an earlier round case was remanded to Rent Controller who without deciding the question of relationship of landlord and tenant afresh, ordered eviction, was raised before the High Court also, wherein it was repelled by the observation that the same stood concluded by the order passed in the earlier round of litigation by the appeal Court when remanding the case---In the context of proceedings in the earlier round of litigation, High Court was correct in holding that the question of relationship of landlord and tenant. stood concluded and same could not have been re-opened before Rent Controller after the remand---Concurrent findings of fact not suffering from any infirmity, legal or otherwise, were sustained---Leave to appeal was refused.