MOHAMMED HASHIM Vs. SARABI

JUDGEMENT

(1.) The petitioner is defendant-1 and respondent-1 is the plaintiff in OS. No.339 of 1974 on the file of the Court of the Munsiff, Dharwar. That is a suit by respondent-1 for partition claiming 1/8th share in the suit sche dule premises. Before the institution of the said suit, the petitioner had instituted proceedings for eviction of respondent-1 in HRC.60/72 on the file of the Court of the Munsiff, Dharwar, alleging that the first respondent is a tenant of the suit premises and that she had committed default in the payment of rent.

(2.) The first respondent denied the tenancy pleaded by the petitioner. The learned Munsiff, being of the opinion, that the petitioner has made out a prima facie case of the existence of the relationship of landlord and tenant, made an order directing the first respondent to deposit the arrears of rent. Thereafter, the first respondent filed the aforesaid suit for partition.

(3.) In that suit, she applied for stay of further proceedings in HRC 60/72. The learned Munsiff made an interim order of stay and that order was made absolute after hearing the parties. Aggrieved by the said order of stay, the petitioner has preferred the above revision petition.