Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ---- S.15(7) --- Civil Procedure Code (V of 1908), Ss.9, 11 & 12 --- Dispute of title obtaining finality in the forum before Rent Controller --- Effect --- Dispute between parties relating to title of property in question, having once obtained finality before Rent Controller including hierarchy of appeals, could not be re-agitated before Civil Court, because of principle of general res judicata; provisions contained in Ss.9 & 12, Civil Procedure Code and S.15(7) Sindh Rented Premises Ordinance, 1979 --- Plaint of plaintiff's suit pending in Court was thus rejected.­[Res judicata]. Khuda Bakhsh v. Khushi Muhammad P L D 1976 SC 208; Devachand Muljimal v. Deputy Settlement and Rehabilitation Commissioner, Karachi P L D 1965 SC 336; Abdul Manan Malik v. The Marine and Fisheries Department 1986 M L D 2970; Ismail Brothers v. Kevel Ram P L D 1981 SC 545; Sohail Akhtar v. Land Acquisition Collector 1985 C L C 154; Rehmatullah v. Ali Muhammad 1983 S C M R 1064; Muhammad Yousuf v. Abdullah and others P L D 1980 SC 296 and Mian Muhammad Latif v. Province of West Pakistan P L D 1970 SC 180 ref. Salahuddin v. Zaheeruddin P L D 1988 SC 221 rel. JUDGMENT By this order I propose to dispose of C.M.A. No.2810/1988, filed by the plaintiff, which is an application under order 39 Rules 1 & 2, C.P.C. praying for an interim injunction restraining the defendant from suing or relying upon the rent agreement. C.M.A. No.2836/1988 is another application riled by the plaintiff for interim injunction restraining the defendant from proceeding further with the execution of the ejectment order which was granted by the Rent Controller against him on the application of the defendant. C.M.A. No.4198/1988 is an application under Order 7 Rule 11, C.P.C. Case of the plaintiff is that his father Abdul Hameed Khan had purchased a plot of land in Nazimabad, and constructed the premises in suit thereon, with his own money but made it benami in the name of the defendant who was the wife of Dr. Khalid Kamal the eldest son of Abdul Hameed Khan. In 1978 plaintiffs brother Dr. Khalid Kamal obtained the signatures of the plaintiff on document of…

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