HIRA SHARMA Vs. HAKIM HABIBULLAH

JUDGEMENT

(1.) In this application in revision by the defendant a question arises as to whether the Subordinate Judge was right in granting leave to the plaintiff-opposite party under Order 2, Rule 2 (3) of the Civil P. C. (hereinafter referred to as 'the Code') to institute another suit for the relief of possession of the suit properties, the present suit being merely for declaration of his title.

(2.) The plaintiff instituted the present suit only for a declaration of his title with respect to a house property on the basis of a sale deed executed by Sarjoo Sah, defendant No. 1. The sale deed was executed in his favour on 17-7-1976 for Rs. 20,000 leaving with him a sum of Rs. 7,000 out of the consideration for redeeming a mortgage bond of the house in favour of defendant No.

(3.) On the facts stated above, two facts emerge which are undisputed, namely, that (i) the plaintiff was entitled to claim a further relief, namely, the relief for possession and (ii) that relief was founded on the same cause of action. Question arises as to whether on the facts of the present case, the learned Subordinate Judge committed any error of jurisdiction in granting the relief to the plaintiff under the provisions of Order 2, Rule 2 (3) of the Code.