SHACHI MAHAJAN Vs. SANTOSH MAHAJAN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 23.7.2014 by which the trial court dismissed the application filed by the petitioner/defendant under Section 10 read with Section 12 and Order II Rule 2 of the Code of Civil Procedure (CPC). In the subject application, the petitioner/defendant claimed that the present suit is filed on the same cause of action which arose in the earlier filed suit.

(2.) The first suit which was filed by the respondent/mother-in-law was a suit for permanent injunction, that the petitioner/defendant who was also the defendant in the earlier suit, should not dispossess the respondent/mother-in law, the owner, from the portion in the suit property i.e D-113, Anand Vihar, Delhi which is in occupation of the respondent/mother-in-law. That portion in the earlier suit was a portion of the suit property which was in possession of the respondent/plaintiff. Injunction was claimed therefore by the motherin- law against the daughter-in-law that the mother-in-law who was the owner should not be dispossessed of that portion of the property which was in her occupation and that too as owner of the suit property.

(3.) The second suit i.e the present/subject suit is a suit filed by the respondent/plaintiff against the petitioner/defendant with respect to one room on the first floor of the suit property. This one room on the first floor of the property was not the subject matter of the earlier suit for permanent injunction. Therefore, the present suit for possession, mesne profits etc is with respect to only one room on the first floor of the property, and to seek possession and mesne profits thereof is therefore a separate cause of action than the cause of action of the earlier suit for injunction.