2014 PLD 194 KARACHI-HIGH-COURT-SINDH

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MOINUDDIN GHORI VS ADMINISTRATOR OF M/S SAINT FRANCIS CHURCH (TRUST) 1981 SCMR 528, 2010 SCMR 1925, Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---First ejectment application filed by landlord was dismissed---Second ejectment application filed by landlord against the same tenant was allowed---Contention of the petitioner/tenant was that second ejectment application was hit by principle of res judicata---Validity---Second ejectment application filed by landlord on changed circumstances was maintainable---Plea of subletting had not been taken by the landlord in the earlier ejectment application, therefore, that was a fresh ground which had been accepted by the Rent Controller and upheld in appeal---Order of eviction on the said ground notwithstanding the dismissal of landlord's earlier application was maintained---Constitutional petition was dismissed.