The principle of res judicata, as founded in Segment 11 of the Code of Civil Process, 1908 (CPC), plays a vital part in hire and ejectment proceedings. This doctrine aims to circumvent exactly the same matter from being re-litigated in subsequent proceedings, therefore making sure the finality of judicial selections and conserving judicial resources.

PLD 2003 SC 290: Curiosity with the period of time just before the lawsuit is only awardable if permitted by substantive legislation or specified in producing. The decree-holder is entitled to fascination from your accommodate’s day.

Authority’s Jurisdiction (PLJ 1979 SC (AJK) fifty six): Whenever a specific authority’s jurisdiction is offered beneath a statute, aggrieved functions must look for aid by means of Those people authorities, not civil courts, Until it truly is shown the authorities acted mala fide or further than their jurisdiction.

In the realm of rent and ejectment proceedings, the application of res judicata requires a thorough Evaluation from the points and conditions of each situation. Courts have to Consider whether or not the matters in query have been straight and considerably in problem in preceding proceedings and irrespective of whether All those proceedings have arrived at a closing look what i found and conclusive resolve.

The High Court docket in Pakistan will problem a commission with the assessment of a witness whether it is pleased that:

Basic principle: Every transferee of the decree is subject matter to a similar set of equities the judgment-debtor might have enforced versus the original decree-holder.

Sub-segment (two): If the court docket finds the Restoration of public dues from your plaintiff unjustified, it might buy the payment of fascination over the recovered amount at a fee of two % higher than the prevailing financial institution level whilst disposing on the accommodate.

(a) Supply of a applicable home specifically decreed, wherein the court makes certain the transfer of possession or possession According to the decree.

You will need a lease agreement when you want for getting some other person to pay for the rent. You need a lease agreement if you would like renew a lease. You need a hire agreement if you would like increase the time period with the lease.

PLJ 2003 Quetta 24: The decree against a deceased judgment-debtor can only be executed to the extent of your assets remaining by them. Legal Associates are not dependable over and above the residence inherited.

Vital Provisions: Discretion of Court docket: The court has comprehensive discretion to come to a decision who pays The prices, out of which Get More Info assets, and also to what extent.

A certification signed by the highest-rating consular officer with the anxious overseas region in Pakistan,

Mere non-availability of a important doc having a revenue authority won't always issue to fraud.

Civil courts can't be invoked merely for your enforcement of penal guidelines but can redress civil accidents arising from penal breaches.