Suit for eviction

cause of action for suit for possession and for suit for eviction are different.  Order 2 Rule 2 will not come in the way.  Suit for eviction is maintainable.

 It  depends upon decisions on issues in the former suit as to the status of the parties or otherewise , on what ground the former suit is dismissed ?

The suit  for eviction of  the defendent will not be barred  if  averment about the  status of the defendent  is different and the  legal ground of evictrion  is also different .

Landlord's suit for eviction is not barred by any law.it can be filed on different gronds or same ground again if cause of action arise to file the same but not on previous cause of action on which earlier suit was filed.

The  nature of disputes and decisions on certain  material issues in the former suit between the parties are not stated in the query, it is not known if the former court has dismissed the suit holding that it has no jurisdictin to decide the issues between landlord and tenant  or on some other ground  it is clear that  there are different jurisdictions of the courts  . One   is Rent Court and other is ordinary civil court .the  former  court may have negatived the status of the defendent as that of the tenent but might have dismissed the suit  on failure of plaintiff to prove the grounds alleged  or because of  on someother grounds.

Mr. Sridhar and Mr. Goyal are absolutely correct.

With respects,

 The question needed better particulars also to avoid  bar of resjudicatta  and it is not clear  if the both the suit are on same casues of action ,

With respects,

 The question needed better particulars also to avoid  bar of resjudicatta  and it is not clear  if the both the suit are on the  same casues of action ,