2016 YLRN 48 KARACHI-HIGH-COURT-SINDH

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TANVEER AHMED MALIK VS IX-SENIOR CIVIL JUDGE AND RENT CONTROLLER, KARACHI EAST 1989 CLC 2003, PLD 2012 Sindh 449, Applicability--Term , Code of Civil Procedure 1908--11 , Constitutional petition--TERM , Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S. 11---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Res judicata, principle of---Applicability---Contention of tenant was that previous eviction petition filed by the landlady on the same ground was dismissed in default and principle of res judicata was applicable---Ejectment petition was accepted concurrently---Validity---Previous eviction petition was dismissed for non-prosecution without recording evidence of the parties and touching the merits of the case---Present ejectment application had been filed on the same grounds---If case filed earlier was not finally decided on merits in former lis by competent court but was dismissed for non-prosecution, there would be no bar for seeking eviction of the tenant on the same grounds---Principle of res judicata was not attracted in the present case and second application filed on the same grounds was not barred---Tenant had failed to point out any illegality or material irregularity in the concurrent findings recorded by both the courts below---Constitutional petition was dismissed, in circumstances.