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1 - 10 of 15 (0.33 seconds)Section 47 in The Code of Civil Procedure, 1908 [Entire Act]
The Delhi Rent Act, 1995
Section 93 in The Transfer Of Property Act, 1882 [Entire Act]
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Faqruddin (D) Th.Lrs vs Tajuddin (D) Th.Lrs on 16 May, 2008
20. Learned counsel for respondent though has relied upon the decisions
reported in (2008) 8 SCC 13 Faqruddin V. Tajuddin; 2014 (142) DRJ 656
Parminder Singh & Anr. V. Virender Pal Singh Jolly; (1999) 5 SCC 590 Hope
Plantations Ltd. V. Taluk Land Board, Peermade & Ors.; and (2005) 7 SCC
190 Ishwar Dutt V. Land Acquisition Collector & Anr etc.; the judgments so
referred to by the learned counsel for the respondent only reiterate the law on
res-judicata. None of the judgments referred to above are relevant to the issue
involved.
The Delhi Rent Control Act, 1958
Cheria Veetil Madhavan Variar (Died) ... vs Chathu Nambiar Of Memenda Amsom Kizhal ... on 25 February, 1950
17. Moreover, both the suits were filed in different capacities, the first being
as a co-owner, the second being as an owner against an unauthorized occupant
hence had separate a cause of action. A second suit if filed by the plaintiff in
different capacity is maintainable as was held in decision reported as AIR 1951
Mad 285 Cheria Veetil Madhavan Variar (Died) & Ors. V. Chathu Nambiar of
Memenda Amsom Kizhal Desam & Ors where the former suit was based on the
title to the property vested in Tarwad and the second suit being based on the
personal right given to the plaintiff under the Kanam document Ex.P2, it was
RFA(OS)No.26/2014 Page 8 of 10
held that both the suits since based on different titles give rise to different cause
of action(s).
Ishwar Dutt vs Land Acquisition Collector And Anr on 2 August, 2005
20. Learned counsel for respondent though has relied upon the decisions
reported in (2008) 8 SCC 13 Faqruddin V. Tajuddin; 2014 (142) DRJ 656
Parminder Singh & Anr. V. Virender Pal Singh Jolly; (1999) 5 SCC 590 Hope
Plantations Ltd. V. Taluk Land Board, Peermade & Ors.; and (2005) 7 SCC
190 Ishwar Dutt V. Land Acquisition Collector & Anr etc.; the judgments so
referred to by the learned counsel for the respondent only reiterate the law on
res-judicata. None of the judgments referred to above are relevant to the issue
involved.