2018 CLC 31 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AIJAZ VS Mst. HANIFA ANJUM 1982 CLC 1916, 1996 MLD 853, 1996 SCMR 1178, 2010 SCMR 1925, S. 15---Second eviction petition---Res judicata, principle of---Applicability---Bona fide personal need of landlady---Scope---Contention of tenant was that landlady had created false ground of personal use of demised premises for her married daughter---Eviction petition was allowed concurrently---Validity---Present ejectment petition had not been filed on the same ground of earlier petition---Earlier case would not come in the way of claim of personal bona fide need of demised premises for daughter of landlady---Principle of res judicata was not attracted in circumstances---Landlady had proved the bona fide need of her daughter to establish her office in the demised premises---Selection of area and nature of business was choice and prerogative of landlord/landlady which could not be interfered---"Requirement of children of landlady" would include the requirement of married daughter---Tenant was granted three months time to vacate and handover the possession of demised premises to the landlady---Constitutional petition was dismissed in circumstances.