SHREYAS RATILAL SHAH Vs. CHISTIYA KHANKAH

JUDGEMENT

(1.) The petitioner is the original defendant in two Suits being Civil Suit No. 3161 of 1990 instituted by the respondents against encroachment of 3600 sq.ft. of the property bearing Final Plot No. 128 paiki of Ellisbridge Town Planning Scheme No. 3 situated near Jammanshah Dargah and Jivabhai Chamber, Naranpura, Ashram Road, Ahmedabad. In H.R.P. Suit No. 1227 of 1994 instituted by the respondents herein eviction of the petitioner herein on the ground of arrears of rent in respect of the property bearing Final Plot No. 128 paiki of open land admeasuring about 1200 sq.ft. of the same description, as indicated in the above Suit was sought.

(2.) After service of summons, the petitioner filed a written statement in Civil Suit No. 3161 of 1990, interalia, contending that he was the tenant of the respondents with regard to 5500 sq.ft. of the land of the same description, as indicated above.

(3.) Since, according to the petitioner, both the Suits raised the same issues substantially and directly, one of the Suits was required to be stayed, and therefore, an application Exh:120 came to be tendered by him in H.R.P. Suit No. 1227 of 1994 in the Small Causes Court at Ahmedabad. The respondents contested the same and ultimately, it came to be rejected. Hence this petition.