Second Suit Seeking Damages For Illegal Occupation Maintainable After Filing Suit For Possession: Supreme Court

Case: Bharat Petroleum Corporation Ltd v. ATM Constructions Pvt Ltd.

Coram: Justices Vikram Nath and Rajesh Bindal

Case No.: ARISING OUT OF S.L.P. (C) NO. 8292 OF 2021

Court Observation: “…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, in our opinion, second suit filed by the respondent claiming damages for use and occupation of the premises was maintainable,”

Previous Posts

Judgment In Rem Extends Benefits To All Similarly Situated Employees, Denying Them Violates Articles 14 & 16: J&K High Court

When Special Rules Have Granted Age Relaxation To SC/ST Candidates, Further Relaxation Under General Rules Impermissible: Madras High Court

Bombay High Court Declines To Restrain Use Of ‘ANNA’ Trademark, Cites Plaintiff’s Stand Of Dissimilarity During Registration Stage

Calcutta High Court Quashes Case Against Village-Level Entrepreneur Accused Of Siphoning Funds Allotted Under Pradhan Mantri Awas Yojana

Sukesh Chandrashekhar Extortion Case: Delhi High Court Grants Bail To 69-Yr-Old Accused In MCOCA, PMLA Cases

Fire Insurance | Exact Cause Of Fire Immaterial If Insured Was Not Responsible For Initiating Fire: Supreme Court

Keywords

Second Suit Seeking Damages