KISHAN SINGH Vs. MADAN JHA FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Order passed on 7.3.1994 by the Competent Authority (Slum), Delhi (Annexure D) dismissing petitioner's application movedunder Section 10 of the Code of Civil Procedure for stay of proceedings tilldecision of the suit preferred by him as also the order passed on 22.4.1994(Annexure E) by respondent No.1dismissing the petitioner's appeal are underchallenge in this petition under Article 227 of the Constitution of India.

(2.) . It is not in dispute that a suit for specific performance of contract wasfiled by the petitioner against respondents 2 & 3 seeking to enforce an agreement,alleged to have been entered into between him and respondents 2 & 3 for saleof a property. After institution of suit, a petition under Section 19 of the SlumArea (Improvement and Clearance) Act, 1956 (hereinafter referred to as 'the Act')was filed by respondents 2 & 3 seeking permission to file proceedings for evictionagainst the petitioner from the premises in question. During the pendency ofthese proceedings, petitioner filed an application under Section 10 of the Codeseeking stay of these proceedings till the pendency of the civil suit.

(3.) . Petitioner's application was dismissed by the Competent Authority (Slum)on 7.3.1994 after following a decision of this Court in Inder Pal Singh Hassanwalia v. Mis Bir Tibetan Woollen Mills (AIR 1974 Del. 95) that Section 10 ofthe Code applies only to suits and cannot apply where one of the two proceedings is not a suit. Another decision in Gurcharan Singh v. Smt. Kaur (AIR 1975Del. 36) was also followed in declining petitioner's prayer for stay of the suit.Appeal preferred by the petitioner was also dismissed by respondent No.1 throughthe impugned order dated 22.4.1994.