1. ' MUHAMMAD AFZAL ZULLAH, J.--This is tenant's petition for leave to appeal against his eviction on the ground of personal requirement of the respondent/landlord and against the dismissal of his writ petition in that behalf, by the High Court.
2. ' The question now left to be resolved is simple. Learned counsel has contended that the landlord having earlier withdrawn an application for eviction based on the same ground could not have filed a fresh application; because he had not sought permission to refile it. Reliance in this behalf has been placed on Order XXIII, Rule 1, C.P.C. He has also cited some judgments to show that the principles underlying the provisions of the Code of Civil Procedure, cm be applied to a rent case on grounds of equity.
3. The cause of action in a case of personal requirement, depending on the circumstances of each case, can arise from time to time. Moreover, C.P.C., it is not denied, is not applicable to the rent cases. Its equitable principle might be applied to advance justice. Here learned counsel wants us to apply the same to penalise the respondent. The position is untenable. The cases cited by him are not relevant. There is no force in this petition.
4. ' Leave to appeal is, accordingly, refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.