New Delhi, Jan 15 (PT1) A Delhi court has dismissed a suit seeking restoration of possession of a servant's quarter in Modern School premises, saying the plea was not maintainable as the matter had already been decided earlier by other courts in the school's favour.
District Judge Pankaj Sharma was hearing the plea filed by Bhagwan Singh, whose father had been allotted a servant quarter by the school.
In its order dated January 14, the court said, "The matter has already been decided between the parties, and the same is hit by res judicata (a matter judged) as the dispute has already attained finality and the present suit is not maintainable. The suit of the plaintiff is accordingly dismissed." Counsel for the school, Raavi Birbal, said Singh's issue had already been adjudicated and that he had approached the court with unclean hands after concealing material facts.
The advocate said that in 2015, a suit filed by Singh was decreed in the school's favour, following which Singh moved the Delhi High Court.
"It was agreed by the plaintiff before the high court that he shall hand over the possession of the premises to the defendant (school) herein by August 31, 2016. The said order was complied with by the plaintiff, and nothing further remained in the case," Birbal said. PTI MNR VN VN
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