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,”

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Keywords

Second Suit Seeking Damages

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