Law: Transfer of Property Act, 1882

Section: 105

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Transfer of Property Act (IV of 1882)--- ----S.105---Tenant/lessee---Nature---Once a tenant would always be a tenant. (b) Estoppel--- ----Party once having taken a position in a matter strongly before competent court could not change and deviate therefrom by adopting fresh position on same subject-matter. Abdul Aziz v. Mirza and 3 others PLD 1989 SC (AJ&K) 78; Muhammad Sharif v. Muhammad Manzoor and others 1993 SCR 92 and Malik Khalid Mahmood v. Abdul Majeed and 4 others 1997 MLD 2921 rel. (c) Civil Procedure Code (V of 1908)--- ----S.11---Res-judicata---Object. The object of res judicata is to attach finality to a judicial decision. The principle of res judicata is based on the principle that there must be an end to the litigation and the parties may not be vexed twice for the same subject matter in the same cause of action. Thus, none of the parties would be allowed to canvass the matter afresh by way of subsequent suit or proceedings between the same parties regarding the same subject matter. The matter once decided by the competent court of law cannot be re-opened, otherwise it lead to anamolous situation and there would be no end to the litigation. (d) Civil Procedure Code (V of 1908)--- ----S.11---Res-judiciata---Raising question of ownership and possession of suit land in subsequent suit after end of first round of litigation between parties---Scope---Such question, if not decided by court in first round of litigation regarding suit land, could be raised subsequently, otherwise same could not be reopened afresh by any party. Azad Government of the State of Jammu and Kashmir and another v. Kashmir Timber Corporation PLD 1979 SC (AJ&K) 139 and Abdul Aziz v. Mirza PLD 1989 SC (AJ&K) 78 rel. THIS JUDGMENT DELIVERED BY: SARDAR MUHAMMAD SADIQ KHAN, JUSTICE:---.--- This case being chequered past in view of the peculiar facts and circumstances remained under protracted trial for a pretty long time, which has now culminated into the present appeal, with the leave of the Court. 2. In short the facts are that the matter in the controversy pertains to the ownership and possession of land measuring 10 kanals out of the total land measuring 20 kanals…

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