Law:

Section:

(a) Civil Procedure Code (V of 1908) S. 11 Res judicata-Respondent earlier suing -Petitioners for ejectment on ground of their being trespassers but later suing them for ejectment on Around of their being tenants and premises being required for her own personal useLater suit, held, not barred on principle of res judicata. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) --S. 13(3) (ii)EjectmentHigh Court and two Courts below con­currently finding -Petitioners to have converted premises originally allotted to them as residential premises into nonresidential premises­--Matter, held, concluded by such concurrent findings-Petitioners having converted nature of premises without -Petitioner landlady's permission, held, rightly ordered to be rejected. JUDGMENT MUHAMMAD GUL, J. The -Respondent herein is owner of what has been described as residential tenement on a plot bearing survey No. 64/8, Garden West, Karachi. In 1956, she sued Hafiz Abdul Ghaffar since deceased and predecessorininterest of the -Petitioners herein, for ejectment, on the ground that he was a trespasser. The suit was dismissed on the plea taken by Hafiz Abdul Ghaffar that he was a statutory tenant under the -Respondent, by virtue of the allotment of the tenement in his favour by the Controller under section 15 (1) of the Sind Rent Restriction Act, 1947 (since repealed). While dismissing the -Respondent's suit, the Court fixed the rent of the premises at Rs.150 p m. About six years after the earlier litigation, the -Respondent applied to the Rent Controller under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 for the ejectment of the -Petitioners herein (Hafi7 Abdul Ghaffar having died in the meantime), on the twin ground that she required the premises for her bona fide personal use and secondly, that the -Petitioners had converted the premises for nonresidential purposes for setting up a factory therein and thereby had perverted its user. The -Petitioners denied that the premises were required by the -Respondent for her bona fide personal use or that they had perverted the user of the premises, which bad throughout been used for nonresidential purposes. It was…

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