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Civil Petition No. 677 of 1980, decided on 12th August, 1984.
(From the order of the Lahore High Court, dated 20‑1‑1980 passed in Writ Petition No.585‑R of 1974).
‑‑‑Arts.185(3) & 199‑‑Civil Procedure Code (V of 1908), S.11‑‑Petitioner failing to obtain relief in writ jurisdiction for allotment of additional accommodation, filed second writ petition‑‑Matter becoming res judicata, petition dismissed‑‑Leave to appeal refused by Supreme Court on ground that relief cannot be given without review of earlier order specifically turning down plea for additional accommodation. [Res judicata].
M.A. Qureshi, Advocate‑on‑Record for Petitioner.
Inayat Hussain, Advocate‑on‑Record for Respondents
Date of hearing: 12th August, 1984.
.‑‑The dispute relating to the transfer of property No.SW‑III‑57‑S‑14, Bheem Street, Krishan Nagar, Lahore, had been concluded by the order of a learned Single .Judge of the Lahore High Court passed on 31‑10‑1968 in an earlier writ petition filed by the petitioner, whereby the petition had been partly accepted in the following words:‑‑
"the present writ petition is accepted so far as the cancellation of P.T.O. regarding one room from the name of the petitioner is concerned. The said room should be transferred to petitioner. So far as the prayer for claiming some additional accommodation in the portion in dispute or for quashing the order of the Addl. Settlement Commissioner, dated 17‑2‑1961, is concerned, the writ petition fails."
The petitioner felt satisfied and did not challenge the above order. However in subsequent proceedings he laid claim for transfer of the courtyard, latrine and kitchen in the property but this was denied to him and his writ petition was rejected by the Lahore High Court on 20‑1‑1980 on the ground of the matter having become res judicata.
2. Learned counsel urges that the petitioner should at least be provided with access to the room given to him by the earlier order of the High Court, but this cannot be done without review of that order whereby his plea for additional accommodation had been specifically turned down. The petition for leave to appeal is accordingly dismissed.
M.I. Petition dismissed.
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