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1 - 10 of 10 (0.28 seconds)The Code of Civil Procedure, 1908
Article 65 in Constitution of India [Constitution]
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Section 147 in Karnataka Municipal Corporations Act, 1976 [Entire Act]
Article 64 in Constitution of India [Constitution]
Channappa Hanamant Chikkareddi vs Kallappa S/O Mallappa Thambad on 10 November, 2017
54. Further the learned counsel for the defendants
No.1 and 2 contended that the suit is barred by the provisions
of Orde II Rule 2. As I have already discussed that the cause
of action in the previous suit filed by the plaintiff in O.S.
No.26606/2009 is only with regard to arrears of rent and
eviction of tenant. Further there is no cause of action with
regard to title of suit schedule property and defendants No.1
and 2 are not the parties in the said suit. Thus, in support of
my finding I relied on the decision reported in 2018 AIR
Civil Cases 739 (KAR) in case of Channappa Hanumanth
Chikkareddy v/s Kallappa Mallappa Thambad. It is held
51
O.S. No.27120/2012
thus, plaintiff had filed a earlier suit for permanent injunction
restraining the defendant from interfering with plaintiff's
possession as protected tenant. In the subsequent suit
plaintiff claimed absolute ownership of the property on the
basis of subsequent sale deed obtained. Bar of Order II Rule
2 of CPC not attracted. Thus, there is no material before the
court to attract the provisions of Order II Rule 2 of CPC. With
the above observation and reasons assigned, I answer this
issue in the Affirmative.
Section 17 in The Registration Act, 1908 [Entire Act]
Section 3 in The Limitation Act, 1963 [Entire Act]
Section 27 in The Limitation Act, 1963 [Entire Act]
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