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2021 DIGILAW 285 (MP)

Shankar Bhosle v. Damji Pawar

2021-03-02

ANJULI PALO

body2021
ORDER : Anjuli Palo, J. 1. This revision is preferred against the order dated 03.07.2020 passed in Case No. 0002A/90(7)/2019-20 by the Sub-Divisional Officer (Revenue) Betul whereby the application preferred by the respondent under Section 23E has been allowed and the applicant herein Shankar Bhosle has been directed to pay rent of the suit accommodation for a period of 36 months i.e. Rs.43,200/- and he shall also handover the vacant possession of the suit accommodation to the respondent Damji Pawar. 2. Previously, the respondent had filed an application under Section 23 of the M.P. Accommodation Control Act, which was dismissed, thereafter again he filed an application under Section 23A of the M.P. Accommodation Control Act claiming that he is the owner of the land bearing Khasra No. 287/2 area 0.66 hectare in which the present appellant is still residing as his tenant since long from the time of his father. In October, 1973, the father of the present appellant had taken the house on rent at the rate of Rs. 10/- per month. Time to time rent was increased upto Rs. 1200/- per month. In the year 1984, the father of the respondent died still father of the present appellant paid monthly rent to the respondent. Till, April, 2017, the appellant paid monthly rent at the rate of Rs. 1200/- per month to the respondent. The suit house was required for bona fide need because in his family, there are so many members. The respondent is an old aged person suffering from various diseases. The suit house is suitable for him. Thus prayer is made for eviction of the appellant from the house and also for arrears of rent from April, 2017. 3. In the subsequent case, the right of the appellant to defend the case has been closed by the trial Court. By the impugned order, the trial Court passed the decree for eviction of the appellant and directed to pay arrears of rent Rs. 43,200/- to the respondent. 4. This revision has been filed by the appellant on the ground that the impugned order is barred by res judicata as the matter was already decided on 30.04.2019. Order dated 30.04.2019 was not challenged before any forum. The impugned order and decree is barred by res judicata, thus fresh suit is not maintainable. There was no landlord tenant relationship established in the case. Order dated 30.04.2019 was not challenged before any forum. The impugned order and decree is barred by res judicata, thus fresh suit is not maintainable. There was no landlord tenant relationship established in the case. No rent was paid to the respondent any time, hence impugned order and decree is liable to be set aside. 5. I have heard learned counsel for the parties and perused the record. Learned counsel for the respondent has placed reliance in the case of K.S. Sundararaju Vs. M.R. Ramachandra Naidu reported in AIR 1994 SC 2129 and Kachree Pd. Sharma Vs. Anand Kishore Gupta reported in 1995 MPLJ Note 37 and contended that under the Rent Control Act for the eviction on the basis of bona fide requirement of the landlord, subsequent case is not barred by res judicata. 6. Learned counsel for the appellant has contended that relationship of the appellant and the respondent of landlord and tenant has not been established. The earlier order has not been challenged by the respondent, hence subsequent case is barred by res judicata. 7. I have heard learned counsel for the parties at length and perused the record. It is not a case where bona fide needs was pleaded for different time, hence the principal laid down in case of K.S. Sundararaju Chettiar (supra) is not applicable in this case. In the case of Alka Gupta Vs. Narender Kumar Gupta reported in (2010) 10 SCC 141 , the Supreme Court has observed as under:- "The object of Order 2 Rule 2 CPC is twofold. First is to ensure that no defendant is sued and vexed twice in regard to the same cause of action. Second is to prevent a plaintiff from splitting of claims and remedies based on the same cause of action. The effect of Order 2 Rule 2 CPC is to bar a plaintiff who had earlier claimed certain remedies in regard to a cause of action, from filing a second suit in regard to other reliefs based on the same cause of action. It does not however bar a second suit based on a different and distinct cause of action." 8. In the present case, The respondent had filed an application under Section 23A of the M.P. Accommodation Control Act, 1961 before the Rent Controlling Authority. It does not however bar a second suit based on a different and distinct cause of action." 8. In the present case, The respondent had filed an application under Section 23A of the M.P. Accommodation Control Act, 1961 before the Rent Controlling Authority. The earlier application was dismissed on 30.4.2019 on the ground that relationship in between the applicant and respondent of landlord and tenant was not established, which order was not challenged by the respondent in appeal. Thus, order dated 30.4.2019 attained finality in absence of any appeal against it, therefore, subsequent case on the same ground is not maintainable. The principles of res judicata can be invoked not only in separate subsequent proceedings but they also get attracted in subsequent stage of the same proceedings. Once an order made in the course of proceedings, it becomes final, it would be binding at the subsequent stage of that proceedings. Thus, the legal position is clear and no one can re-agitate the question when the order attains finality. It clearly follows that the rule of res judicata disallows the parties to a judicial determination from litigating the same question again and again even though the determination may even be demonstrated wrong. Even though the RCA has limited jurisdiction and the right of defence was struck off but, when the proceedings have attained finality, parties are bound by the judgment rendered therein and are estopped from questioning it. They cannot litigate again on the same course of action nor can they litigate any issue which was necessary for decision in the earlier litigation. 9. In view of the aforesaid discussion and in the light of the decision of the Supreme Court in the case of Alka Gupta (supra), this revision is allowed. Impugned order dated 3.7.2020 is hereby set aside.