Law:

Section:

(a) Specific Relief Act (I of 1877)--5.42---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--­Civil Procedure Code (V of 1908), S.11---Petitioner's suit for declaration that he was owner in possession of house in dispute and for injunction to restrain respondents from interfering with his possession on basis of agreement to sell having been executed by previous owner, was dismissed, as also his appeal and revision---Respondents' eviction petition against petitioner had succeeded right uptil the High Court---In eviction petition, present petitioner claimed to be the landlord, which plea was not accepted---Petitioner, desired that he should be treated as owner in possession of house in question---Petitioner could not be treated as owner, because earlier decision of High Court in ejectment petition would bar re-opening of said issue later on in any other forum, where general or special principles of constructive res judicata would apply---Finding of High Court on issue of ownership was thus right. (b) Civil Procedure Code (V of 1908)-- ---O.VI. R.17 & S.11---Constitution of Pakistan (1973), Art.185(3)---Petitioner's application for amendment of plaint, so as to convert the suit into one for specific performance of agreement of sale was rightly rejected by High Court---Petitioner, by amending plaint, could not be allowed to re-open the case, which otherwise was barred on the principle of constructive res judicata---Petition for leave to appeal being devoid of merit was dismissed in circumstances. ORDER RUSTAM S.SIDHWA, J.--This is a petition by Dr. Raja Sher Ahmad, petitioner, seeking leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, dated 19-3-1989. 2. In 1981 Dr. Raja Sher Ahmad, petitioner, filed a suit against Muhammad Abdullah and others, respondents Nos. 1 to 4, for a declaration that he was the owner in possession of the house in dispute and for an injunction to, restrain the respondents from interfering with his possession. The petitioner based his claim on the basis of an agreement for sale dated 22-1-1974 alleged to have been executed by Ahmad Hassan, the previous owner of the disputed house, in his…

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