INDIAN TOBACCO CO. LTD. Vs. K.S. SINGHAL

JUDGEMENT

(1.) The opposite party filed the suit against the revisionist, which is numbered 267/85 pending in the Court of the Xth Additional District Judge, Agra. The revisionist moved an application (130-C) under Sec. 10 read with Sec. 151, Code of Civil Procedure for stay of the suit till the decision of the pending appeal Nos. 361/98 and 379/99 arising out of Suits Nos. 551/82 and 518/82. The application was opposed by objections 136-C. The Additional District Judge considered the arguments and has rejected the application for stay of suit under Sections 10 and 151. Code of Civil Procedure Aggrieved by that order, the present revision has been filed.

(2.) I have heard Sri Madhav Jain, learned Counsel for the revisionist and Sri Murlidhar, senior advocate assisted by Sri Tarun Verma, learned Counsel for the opposite party and have perused the record.

(3.) The present Suit No. 267/85 is a very old suit pending since 1985 in which the relief of eviction of the revisionist from the disputed premises and for recovery of damages have been sought. The suit was filed after the termination of the licence. Request made by the Defendant-revisionist was for stay of suit till the disposal of the appeal filed against the decision of Suit Nos. 518/82 and 551/82. Copy of the plaint of Suit No. 518/82 is Annexure-4 to the affidavit and this suit was filed by the revisionist against the opposite party. The relief sought in the suit is that the opposite party be restrained from interfering with the possession and enjoyment of the shop in dispute either by withholding supply of electricity, etc. or obstructing access of the applicant or his employees to the shop in dispute. Issue was framed in the suit is whether the applicant is tenant or a licensee of the shop in dispute.