SHERI KHEM CHAND Vs. ARJUN JAIN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the petitioners who are the respondents before the Additional Rent Controller, Delhi in a petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958. By the eviction petition the respondent herein seeks eviction of the tenant on the ground of bonafide necessity.

(2.) The present challenge is to the impugned order dated 6.3.2014 by which the Additional Rent Controller has dismissed the application filed by the petitioners herein under Section 10 CPC for stay of the proceedings in the eviction petition under Section 14(1)(e) of the Act. The petition under Section 14(1)(e) for bonafide necessity is sought to be stayed on the ground that one of the issues in this matter is the same in an earlier eviction petition seeking eviction on the ground of subletting. The common issue is the aspect of existence of relationship of landlord and tenant between the parties.

(3.) By the impugned order, the application under Section 10 CPC has been dismissed.