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Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 23, 17(2)(4) & 17-A---Civil Procedure Code (V of 1908), S.12(2)--­Application under S.12(2), C.P:C. was not covered by S.23, Cantonments Rent Restriction Act, 1963---Not only application under S.12(2), C.P.C. was maintainable but the same was not barred by the provision of S.23 of the Act---Principles. Section 23, Cantonments Rent Restriction Act, 1963 shows that Rent Controller shall summarily reject application under section 17(2) & (4) or section 17-A of the said Act which substantially raises the same issues which have been finally decided in the former proceedings under the Act. The provision has some semblance to the principles of res judicata enshrined in section 11 of the C.P.C. Section 23 itself stipulates that it applies to application under section 17(2) or under section 7(4) or under section 17-A of the Act. Thus the provision in itself is descriptive and will have no application to any other provision apart from those mentioned in the section. Application under section 12(2), C.P.C. will not be covered by the provision of section 23 of the Act. Therefore not only the application under section 12(2), C.P.C. was .maintainable, but it was not barred by the provision of section 23 of the Cantonments Rent Restriction Act, 1963. Ismail v. Subedar Gul Inayat Shah PLD 1991 SC 997 quoted. 1993 CLC 1787; 1992 SCMR 917; Ismail v. Subedar Gul Inayat Shah PLD 1991 SC 997 and 1992 CLC 980 ref. JUDGMENT By this Appeal the appellant has challenged order dated 28-7-2001 passed by the Additional Controller of Rent Clifton Cantonment, Karachi by which the appellant's application under section 12(2), C.P.C. was dismissed and the order of ejectment dated 3-4-1999 passed against the appellant was maintained. The facts of the matter are that the respondent had filed an application under section 17(2)(i) & (4)(i) of the Cantonments Rent Restriction Act, 1963 against the appellant alleging that the respondent is the owner of Plot No.E-3375, Chandio Village, Gizri Road, Karachi by virtue of duly registered lease-died dated 18-4-1985 and that in the year 1994 a Flat was rented out to the husband of the…

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