JAINSONS WESTEND Vs. TARJIT SINGH

JUDGEMENT

(1.) THE petitioner is aggrieved by an order dated 19th September, 2007 whereby the learned Civil Judge dismissed an application under Section 151 for stay of the proceedings.

(2.) THE respondent has filed a suit for recovery of Rs. 1,06,120/-against the present petitioner. The petitioner wanted that the trial of the suit should be stayed in view of the fact that there was a dispute regarding ownership of the premises and the respondent's right to recover rent from the petitioner could not be there till petitioner was held to be an owner. The trial Court observed that the suit for recovery of rent was filed in 2003 whereas the suit disputing title was filed in May, 2005. Since the present suit was earlier in time, the suit could not be stayed.

(3.) COUNSEL for the petitioner argued that in view of the order of this Court dated 25th July, 2006 inter se parties in respect of the premises, the suit filed by the respondent for recovery of rent could not continue till the ownership issue was settled.