In Brief
A company occupying leased premises was sued for ejectment and mesne profits in 1986. The suit was decreed for possession but the landlord relinquished the mesne profits claim. After prolonged appeals, the company vacated in 1998 under court orders and a fixed monthly charge. The landlord then filed a fresh suit claiming mesne profits for the entire occupation period. The Supreme Court held that the subsequent suit is barred by Order II Rule 2 of the Code because the landlord cannot relinquish a claim in the first suit and then revive it in a separate action for the same period. The appeal was allowed and the suit dismissed as not maintainable.
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