SYNDICATE BANK Vs. RAJ KUMAR TANWAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THOUGH various grounds have been urged in the Memorandum of Appeal, learned counsel for the appellant restricts submissions to only one point. Learned counsel urges that the bar of Order 2 Rule 2 of the Code of Civil Procedure was squarely attracted in the facts and circumstances of the instant case and hence urges that in view of the ratio of law laid down by the Hon'ble Supreme Court in the decision reported 2007 (8) SCC 600 Shiv Kumar Sharma vs Santosh Kumari, the suit filed by the respondent ought to have been rejected as being barred under Order 2 Rule 2 of the Code of Civil Procedure, 1908.

(3.) THE second suit, being the suit in question, was filed by the landlord claiming damages for unauthorized use and occupation for the period when tenancy was stated to have been determined and till the date of the suit which was filed on 7.1.1999.