Notice given u/TP Act - is fresh one required again

Querist : Anonymous (Querist) 24 February 2011 This query is : Resolved
I have given a notice for eviction u/TP act to my tenant in the year march 2009.

The allegations have not changed since 2009. There was a Suit pending since and now the same is disposed off vacating the Injunction in place.

The tenant has again intentionality violated what was already alleged in the notice.

Do I need to serve a fresh notice

Can i File for damages.

Pl clarify.

Thanks Sirs,

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n.k.sarin (Expert) 24 February 2011
If you have already given notice,no fresh notice required on the same ground.you can file for damages.

Amit Minocha (Expert) 25 February 2011
If it is 'again' violated that gives right to a fresh cause of action to you and you can give fresh notice and claim damages. But you cannot claim damages pertaining to period for which litigation has already been done by you as the same is barred under Order 2 rule 2 CPC.

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