Supreme Court of India
M/s Bharat Petroleum Corporation Ltd. and Another v. Atm Constructions Pvt. Ltd.
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From the headnote
Issue for consideration: Whether the High Court was justifi ed in dismissing the application fi led by the appellant u/Or.VII r.11(d) CPC for rejection of the subsequent suit fi led by the respondent-owner for damages for use and occupation of the property after expiry of the lease period. Code of Civil Procedure, 1908 – Or. VII r. 11(d) – Application under – First suit fi led by the respondent for possession without claiming any damages for use and occupation – Subsequent suit fi led only for claiming damages for use and occupation of the property after expiry of the lease period – Application
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