2021 PLD 237 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD AZAM KHAN VS Dr. IQBAL HAMEED S. 15---Civil Procedure Code (V of 1908), S. 11---eviction of tenant---Res judicata, principle of---Scope---New cause of action---Personal bona fide need of landlord---Petitioner/tenant contended that as eviction applications earlier filed by respondent's parents were dismissed so respondent/landlord could not move the eviction application under the principle of res judicata---Held, that the plea of res judicata would only be applicable in the rent jurisdiction if it was with reference to same cause of action---Cause of action, in rent jurisdiction, was subject to circumstances because the same, in fact, controlled the need of a man---Landlord, due to his circumstances, might not be in need of doing any business but changed circumstances could compel him to do a business; or even to part with failed business and to start a new one---Selection of business by the landlord, thus, was his sole prerogative, so also the choice of rented shop if he had more than one ---Failure of a landlord in earlier eviction proceedings would not be sufficient to bring the plea of res judicata if he, otherwise, proved his personal bona fide need with reference to changed circumstances i.e. new cause of action---Proceedings, in the present case, initiated by the respondent, was with reference to an independent and fresh cause of action---High Court directed the petitioner to vacate the demised shop within six months, however, in case respondent would fail to establish his business within four months, rented shop would be returned to the petitioner---Constitutional petition was disposed of accordingly.