SUBHASH CHANDRA BHATNAGAR Vs. VIII ADDL. CIVIL JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. By means of the impugned order VIII Addl. Civil Judge, Meerut, has declined to accept the prayer of the petitioner for stay of the proceedings of case No. 148 of 1989, initiated against him by the respondent No. 2, under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972). The petitioner sought the stay of the proceedings on the ground of pendency of the First Appeal No. 354 of 1988 in this Court. This appeal has, indisputably, arisen out of suit involving the question of ownership of the respondent No. 2 in respect of disputed premises. The proceedings under Section 21 of U.P. Act No. XIII of 1972 are to be decided on the basis of relationship of landlord and tenant between the petitioner and the respondent No. 2. For the purposes of maintaining an application under Section 21, the applicant need not be the owner of the accommodation. It is enough if he is a landlord vis   -vis the tenant in the accommodation within the meaning of the aforesaid Act.

(2.) THE learned Civil Judge has rightly concluded that the issues involved in the appeal pending in this Court and the proceeding before him are quite distinct and different and that the pendency of the appeal in this Court cannot constitute a ground for stay of the proceedings before him. The conclusion of the learned Civil Judge is sound in law and does not warrant any interference. For the fore -going reasons, the Court is clearly of the opinion that this petition lacks merit and deserves to be dismissed summarily. It is ordered accordingly.