Law:

Section:

(a) Constitution of Pakistan (1962), Art. 98-Successive writ petitions-Res judicata, principle of-High Court in previous petition, concerning dispute between same parties, holding property in ques­tion to be evacuee-Unsuccessful party barred from agitating same matter over again by invoking writ jurisdiction afresh-Pakistan (Administration of Evacuee Property) Act (Xll of 1957), S. 2(3). The principle of res judicata is invoked on the basis that a party who has lost the cause once, should not be allowed to agitate it on the same facts and on the same cause of action to unnecessarily harass the other party. Where in the previous judg­ment of the High Court given between the same parties in writ petition it was categorically held that the property in dispute was evacuee property, it was held that the decision did operate as a bar in the way of the petitioner for agitating this matter once again by another petition. Radha Shyam Datta v. Patna Municipal Corporation, Patna A I R 1956 Pat. 182; Manahem S. Yeshoova v. Union of India A I R 1960 Bom. 196 and Daryao v. State of U. P. A I R 1961. S C 1457 re (b) Pakistan (Administration of Waqf property) Act (XII of 1957), Ss. 2(3), 7, 16 & 22---Lands (held by Sukkur Barrage Autho­rities) granted on instalment basis to Hindus--Such lands became evacuee properties on migration of Hindus and vested in Custodian Rehabilitation Authorities declaring, however, that land belonged to Sukkur Barrage Authorities and they could deal with properties in any manner they liked-Held, evacuee nature of property could not be changed by any such declaration by the Rehabilitation Autho­rities-Custodian alone competent to determine nature of property. Bashir Ahmad, Senior Advocate Supreme Court (Mahmood Ahmad Qureshi, Advocate Supreme Court with him) instructed by Masud Akhtar, Advocate-on-Record for Appellants. Mian Muhammad Shafi, Senior Advocate Supreme Court instructed by Muhammad Nazar Khan, Advocate-on-Record for Respondents Nos. 4 to 22. Respondents Nos. 1 to 3: Ex parte. Dates of hearing: 22nd, 23rd and 24th June 1971: JUDGMENT SAJJAD AHMAD, J.-The brief history of this case, which has been brought to this Court by special leave,…

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