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12 December 2013

The plaintiff filed a suit for eviction against his tenant, subsequently tenant filed another suit for injunction against his owner, these two suits were tried together and one judgment delivered, in which the suit of eviction was decreed and suit of injunction was dismissed. Subsequently the tenant preferred an appeal upon two suits, in which again the appeal was dismissed. Subsequently the tenant will prefer second appeal only for the injunction suit , but not eviction suit, kindly suggest me whether the suit will be barred by resjudicata or not, if so what steps have to be taken by the owner.

ajay sethiOnline (Expert)
12 December 2013

his first appeal has already been dismissed . even if he files second appeal chances of success remote . not barred by resjudicata .

SHIRISH PAWAR, 7738990900Online (Expert)
12 December 2013

I agree with ajay sethi normally when first appeal is dismissed sucess in second appeal are remote.

Rajendra K Goyal Online (Expert)
12 December 2013

Agree with the advise of Expert ajay sethi ji.

Devajyoti BarmanOnline (Expert)
12 December 2013

Tenant is preferring appeal only, so where is the question of res judicata.

Raj Kumar MakkadOnline (Expert)
12 December 2013

Res-judicata is not applicable in the given matter but a practical problem shall be there. When the tenant is not preferring the appeal against the judgment evicting him from the suit property, there shall not be sense to seek injunction order. Second appeal should be preferred against both the judgments passed by both courts below.

Sudhir KumarOnline (Expert)
13 April 2014

nothing more to add

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