N.R. NARAYAN SWAMY versus B. FRANCIS JAGAN

N.R. NARAYAN SWAMY versus B. FRANCIS JAGAN

Eviction petitions on bona fide requirement are maintainable as the cause is recurring, and Order XXIII Rule 1(4)(b) CPC and Section 45 of Karnataka Rent Control Act, 1961 do not bar institution of a fresh eviction petition if no issue has been decided finally in the earlier proceeding.

Parties
Appellant: N.R. Narayan Swamy; Respondent: B. Francis Jagan
Jurisdiction
India
Judgment Date
31 July 2001
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
appeal allowed
Legal Topics
Bona Fide Requirement, Maintainability of Fresh Eviction Petition, Application of Res Judicata, Application of Order XXIII Rule 1(4)(b) CPC
Rent and Eviction Bona Fide Requirement Maintainability of Fresh Eviction Petition Application of Res Judicata Application of Order XXIII Rule 1(4)(b) CPC

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Parties

N.R. Narayan Swamy

Appellant

B. Francis Jagan

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether a fresh eviction petition on the ground of bona fide requirement is maintainable after withdrawal of an earlier petition on the same ground without leave of the court.
  2. 2 Whether Order XXIII Rule 1(4)(b) CPC and Section 45 of Karnataka Rent Control Act, 1961 bar the second petition.
  3. 3 Whether bona fide requirement is a recurring cause.

Ratio Decidendi

Eviction petitions on bona fide requirement are maintainable as the cause is recurring, and Order XXIII Rule 1(4)(b) CPC and Section 45 of Karnataka Rent Control Act, 1961 do not bar institution of a fresh eviction petition if no issue has been decided finally in the earlier proceeding.

Court Disposition

appeal allowed

Orders

  • Impugned order dated 8.12.1999 of the High Court of Karnataka in HRRP No. 845 of 1999 is set aside.
  • Order dated 24.7.1999 passed by the trial court is restored.