MUHAMMAD MUSHTAQ Versus HAMIDULLAH

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ Leave to appeal has been sought from Order, dated 6‑11‑1983 of the Lahore High Court; whereby petitioner's Constitutional Petition against the orders of his eviction on ground of default in payment of rent, was dismissed in limine.

2. The petitioner's counsel has contended that the issue of relationship between the parties was decided in earlier round of proceedings against the respondent. Therefore in the second round which gave rise to the present petition the earlier decision on relationship would operate as res judicata. There is no force in this plea. The transfer order on the basis of which the subse quent proceedings were commenced was issued in favour of the respondents landlords after the final adjudication in the earlier round of litigation. The issu ance of the Transfer Order furnished fresh cause of action to the respondents. And admittedly it was regarding a fresh default in the payment of rent, on account of which the petitioner has been ordered to be evicted. No justi fication for interference having been made out this petition is dismissed a without any force.

3. M. Z. M. Petition dismissed.