Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Premises
(Control of Rent & Eviction) Act, 1950–Sec. 13–Transfer of Property Act, 1882–Sec. 106–Application for rejection of plaint on the ground that the suit was barred as the earlier suit of eviction has been decreed and appeal is pending thereagainst–Dismissed–Cause of actions in previous suit and present suit are totally different–Previous suit was under the Act of 1950 for eviction u/s.13–However, in subsequent suit, the possession was sought by terminating the tenancy of petitioner–Merely because the ultimate relief claimed in both the suits and the appeal pending before the first appellate Court are same, it cannot be said that the subsequent proceedings initiated by plaintiff were not maintainable–Application was rightly dismissed.
