KRISHAN KUMAR GARG Vs. RAM NIWAS VERMA

JUDGEMENT

(1.) The sole issue which is required for consideration in these second appeals filed under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) is as to whether the jurisdiction of the civil court for entertaining the suits for possession filed by the respondent/plaintiff against the appellants/defendants/tenants is barred as the premises in question are governed by the Delhi Land Reforms Act, 1954 and thus proceedings would have to be initiated before the revenue authorities specified in this Act and not in the civil court. These two second appeals filed by the appellants/tenants concern two shops bearing private shop no.3 at the ground floor of the property no.114, Kavita Colony, Nangloi, New Delhi (tenant is appellant in RSA No.14/2016) and private shop no.1 at the ground floor of the property no.114, Kavita Colony, Nangloi, New Delhi (tenant is appellant in RSA No.19/2016).

(2.) The Supreme Court in the judgment in the case of Hope Plantations Ltd. Vs. Taluk Land Board, Peermade and Another (1999) 5 SCC 590 has held that the principle of res judicata applies not only to a subsequent suit, but also to subsequent stages in the same suit. The relevant paragraphs of the judgment of the Supreme Court in the case of Hope Plantations Ltd (supra) are paras 26 and 31 and which read as under:-

(3.) In the present cases, the issue as to whether or not the Delhi Land Reforms Act applies, and therefore suit could not have been decided by the civil court, was the subject matter of the decision of the trial court in these suits themselves, by the Order dated 9.2.2010 and this order reads as under:-