Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 14, 13(3)(a)(i), 15

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 14-Writ jurisdiction-Petitioner not taking objection to competency of appeal filed by respondent when his application under S. 14 dismissed by Rent Controller-Likewise petitioner not challenging order of remand by way of second appeal when appeal allowed by District Judge and case remanded to Rent Controller for recording of evidence and decision on merits-Order of remand rejecting legal objection regarding application being barred under S. 14, held, attained finality and cannot be permitted to be re-agitat ed even in second appeal much less while invoking writ jurisdic tion-Constitution of Pakistan (1973), Art. 199. (b) Civil Procedure Code (V of 1908) S. 11-Res judicata-Landlady in previous case requiring eject ment of tenant on ground of personal need but issue decided against her-Subsequent ejectment application on same ground, held, not barred because .requirement for personal need may not have arisen formerly but may arise subsequently-Decision of previous petition, cannot operate as res- judicata--.Tribunal having jurisdic tion to decide-Has jurisdiction to decide it rightly or wrongly and a decision cannot be interfered with in revision simply because of its being wrong-Constitution of Pakistan (1973), Art. 199 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 14. Muhammad Hussain Munir's case P L D 1974 S C 139 ; Nawab Syed Raunaq Ali's case P L D 1973 S C 136 ; Amir Hasaan v. Sheo Bakhsh 11 Cal. 6 (P C) ; Balakrishna v. Vasudeva 44 1 A 261 ; Venkata Giri v. H. R. E Board P L D 1949 P C 31 ; Jaychand v . Kama laksha P L D 1949 P C 114 and Muhammad Hussain v. Sikandar P L D 1974 S C 139 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (3) (a) (i)-Question of fact- Question whether landlord does or does not require certain premises for his bona fide require ment-Held, in last analysis, becomes a question of fact.-[Question of fact). Dr. A. R. Khan v. Muhammad I shaque 1972 S C M R 437 ref.…