SASIDHARAN Vs. THAHIRA BHANU

JUDGEMENT

(1.) The petitioner is the appellant and the respondent is the respondent in RCA 20/2018 on the files of the Rent Control Appellate Authority (District Court), Palakkad. The aforesaid rent control appeal was filed challenging an order of eviction passed against him in RCP 7/2011 of the Rent Control Court, Alathur under Sec.11 (3) of the Kerala Buildings (Lease and Rent Control) Act ('the Act' for short). As per the order of eviction, the petitioner herein is directed to give vacant possession of the petition schedule shop room to the respondent within a period of thirty days. During the pendency of the aforesaid appeal, the petitioner had preferred IA No.1/2020 (Ext P3) under Sec.10 of the Code of Civil Procedure, 1908 (for short 'CPC') on the following grounds:

(2.) The respondent filed counter statement resisting the said application under Sec.10 of the CPC, seeking an order of stay against RCA 20/2018. The respondents contended that Sec.10 of the CPC has no application to the facts of the case. According to the respondent, the subject- matter and the issues in both cases are distinct and different and the petitioner herein is not a party in any of the appeals referred above, pending before the High Court. According to the respondent, even if the High Court ultimately allow the appeals that will not in any way affect the findings to be entered in the present appeal. In short, according to the respondent, the verdict that may be passed in the appeal is of no consequence at all whether the appeal is allowed or not.

(3.) On the aforesaid rival pleadings, both parties adduced evidence and the petitioner has produced Exts A1 to A7. After considering the rival pleas and the documents produced by the petitioner, the Rent Control Appellate Authority dismissed the application on the following findings: