In Brief
A landlord filed an eviction suit under the Bombay Rents Act alleging the tenant had constructed permanent structures without consent. The High Court dismissed the eviction suit, holding it was barred by Order 2 Rule 2 CPC (which prevents re-litigation of the same cause). The Supreme Court allowed the appeal, holding that to sustain a bar under Order 2 Rule 2, the defendant must prove the plaint in the earlier suit in accordance with the law of evidence; mere inference or presumption is insufficient. The Court set aside the High Court's judgment and remitted the matter for reconsideration on the merits of whether the tenant committed the alleged breach under the Rent Control Act.
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