Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration: Whether the High Court was justified in dismissing the application filed by the appellant u/Or.VII r.11(d) CPC for rejection of the subsequent suit filed by the respondent-owner for damages for use and occupation of the property after expiry of the lease period. Code of Civil Procedure, 1908 – Or. VII r. 11(d) – Application under – First suit filed by the respondent for possession without claiming any damages for use and occupation – Subsequent suit filed only for claiming damages for use and occupation of the property after expiry of the lease period – Application u/Or. VII r. 11(d) filed by the appellants-defendants for rejection of the said plaint – Maintainability:Held: Suit for possession and suit for claiming damages for use and occupation of the property are two different causes of action – There being different consideration for adjudication, the second suit filed by the respondent claiming damages for use and occupation of the premises was maintainable – Respondent is the absolute owner of the property in dispute – Lease of the property in favour of the appellants by the predecessors-in-interest of the respondents expired in 1997 – After a prolonged litigation, the possession was handed over to the respondent after 25 years – First suit was filed seeking possession of the property – No claim was made regarding mesne profits – Subsequent suit was filed claiming damages for use and occupation of the property from 1998 onwards – Thus, the application filed by the appellants for rejection of the plaint was rightly dismissed by the courts below – Cause of action. [Paras 16, 17] |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 1052 |
Petitioner | M/s Bharat Petroleum Corporation Ltd. And Another |
Respondent | Atm Constructions Pvt. Ltd. |
SCR | [2023] 16 S.C.R. 859 |
Judgement Date | 2023-11-30 |
Case Number | 7890 |
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