1982 CLC 255 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD LATIF VS DISTRICT JUDGE, LAHORE Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17~4)(b) & 24-Ejectment proceedings-Respondent landlady dying during pendency of appeal and her son for whose use and occupation she sought eviction becoming on his own one of appellants in appeal--Question whether District Judge competent to take notice of such changed position, in determining liability of petitioner's eviction--Held * Accrual of cause of action must. in point of time be anterior to institution of suit---Rights of parties ought to be determined as on day of filing suit and not on basis of rights accruing to them thereafter--Such rule, however, does admit certain exceptions to shorten litigation to obviate multiplicity of litigation or to do complete justice-District Judge in circumstances justified in taking notice of altered conditions when upon death of original landlady plea of personal requirement became available to appellants.