1989 MLD 3853 LAHORE-HIGH-COURT-LAHORE

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ABDUL HAMID VS MUHAMMAD HANAF Code of Civil Procedure 1908--11 , ---Ss.13 & 15--Civil Procedure Code (V of 1908), S.11--eviction petition-Ejectment petition for eviction on ground of default and subletting--Petitioner contested ejectment petition and contended that he was a `tenant under respondent No. 1 and had no connection with other four respondents--Rent Controller passed order under section 13(6) of the Ordinance for deposit of rent arrears and upon non-compliance thereof, ordered ejectment of tenant-Tenant assailed order before Appellate Court on the ground that it was obtained in collusion with respondent No. 1 but his appeal was dismissed--Nothing was available to show that petitioner was prevented from fully and fairly placing his case or defence regarding alleged collusion before Rent Controller or Appellate Court--Appellate Court recorded finding of fact after perusal of record that there was nothing to suggest that there was any litigation regarding title of property in dispute--Held, where doubt had been created about ownership of `disputed premises, Rent Controller or Appellate Court could in that heirarchy evict so-called tenant leaving it for him to seek redress from ,Civil Court on question of title or fraud committed on him by so-called landlord--Provisions of section 15(7) of the Ordinance, in such cases, would not operate as a bar--Provisions of section 15(7) bar Civil suit only if the order or judgment was called in question in Civil Court--No such direction having been given either by Rent Controller or by Appellate Court, determination of relationship of landlord and tenant between parties became final and would operate as res judicata.