Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--Ss. 13 & 14---Civil Procedure Code (V of 1908), S.11---Constitution of Pakistan (1973), Art. 185(3)---Res judicata---Finding of Rent Controller that petitioner required premises in dispute for his personal use in good faith was set aside by High Court on the ground that in earlier proceedings under Provincially Administered Tribal Areas Regulation, plea of petitioner regarding personal bona fide need had not been accepted, as such those proceedings had operated as res judicata---Petitioner contended that High Court without applying independent mind and simply relying on passed by Riwaji Courts which otherwise was not unanimous, had set aside findings of Rent Controller arrived at by him after applying independent mind to facts of case---Case requiring further consideration, leave to appeal granted. ORDER NASIM HASAN SHAH, J.---The petitioner's application for the, ejectment of the respondent from the shop in dispute was allowed by the learned Rent Controller finding that he did require it for his personal use, in good faith. But on appeal this finding was set aside by the High Court on the ground that in the proceedings under the PATH Regulation the plea of the present petitioner regarding bona fide personal use had not been accepted and even though the said decision did not strictly operate as rcs judicata under the provisions of section 14 of the West Pakistan Urban Rent Restriction Ordinance, 1959, but they did, however, stand in the way of the petitioner under the…

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