AQIL AHMAD Vs. THE PRESCRIBED AUTHORITY

JUDGEMENT

(1.) HEARD K.A. Ansari, learned counsel for the petitioner. In the disputed shop bearing Municipal No. 635 (West facing), situate in Mohalla Danish -Mandan, Amroha, district Moradabad, of which. Sri, Shandar Hasan Khan, the respondent No. 2, is landlord, the petitioner is a tenant at the monthly rent of Rs. 48/ -.

(2.) ON 11th July, 1990, before the Prescribed Authority, Amroha, district Moradabad (Munsif, Amroha), the petitioner moved an application under Sub -section (4) of Section 28 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter called the 'Act', praying that the landlord of the disputed shop may be required to carry out certain' major repairs or, in the alternative, the petitioner himself be permitted to carry, out the repairs. The said application was numbered as Case No. 328 of 1990 and is still pending consideration before the Prescribed Authority, the respondent No. 1.

(3.) IN case No. 14 of 1990, under Section 21(1)(a) of the Act, pending before the Prescribed Authority, the respondent No. 1, the petitioner moved an application 27 -C praying for stay of the proceedings of the case till the disposal of the proceedings, emanating from the application moved by him, under Section 28 of the Act, on the ground that issue in both the proceedings is identical and as such the instant proceedings which were instituted later in point of time should be stayed under Section 10 of the Code of Civil Procedure, 1908 hereinafter called the 'Code'. This application of the petitioner was resisted by the respondent No. 2 on the ground that Section 10 of the Code did not apply to the proceedings under the Act. It was further pleaded on behalf of the said respondent that the issue involved in two proceedings was not common.