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Second Appeal No. 73 of 1974, decided on 22nd March, 1981.
---S.14‑Res judicata‑---Landlord's application for ejectment of tenant dismissed for non‑prosecution‑Tenant in pursuance for default of rent order, in such case depositing arrears of rent and monthly rent during pendency of application and‑ landlord also refusing tenant's money orders‑Landlord filing second ejectment application on ground of same default‑Tenant not raising plea of res judicata either before Rent Controller or appellate Court or even in High Court Held, landlord's second rent application not barred by res judicata and landlord entitled to urge default, subject‑matter of first rent appli cation, dismissed in default.‑[Res judicata].
Samiullah v. Muhammad Saleem, District Judge, Rawalpindi and 2 others 1971 S C M 'R 725; Muhammad Hanif v. Dr. S. Mozammil Ali 1981 C L C 327; Haji Fida Hussain v. Muhammad Ibrahim Khan 1972 S C M R 262 ; Allahrakha v. Muhammad Shafi 1978 S C M R 437 and Sadiq Hassan v. Mst. Khurshid Fatima and another 1978 S C M R 130 ref.
------S. 13(2)(i)‑Ejectment‑Discretion‑Landlord in second ejectment application neither disclosing fact of filing of previous ejectment application nor tenant's depositing of rent and arrears of rent nor his refusal of tenant's money orders‑Tenant not able to show discretion exercised by Rent Controller having been arbitrary or capricious‑‑Rent Controller, held, had discretion to dismiss rent application on any consideration permissible under S. 13 and High Court cannot interfere with concurrent findings of two Courts below in second appeal.
S. Zaheer Haman for Appellant.
Munawar Abbas for Respondent.
Date of hearing : 12th March, 1981.
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