ISHWARIPRASAD GANPATRAO Vs. SHANKAR DAYAL

JUDGEMENT

(1.) THIS is an application by the Original plaintiff against the order of the trial court staying the suit for recovery of arrears of Ren. Ejectment and damages.

(2.) THE plaintiff, is a landlord of certain premises in this city. Opponent is a tenant of the those premise. The opponent is described as retried D. I. G. of police resident of wright Town, Jabalpur. According to the plaint averment, the plaintiff purchased the premises under registered sale deed date 12-12-1962 a monthly rental of Rs. 140/- The plaintiff applied to the Rent controller under the C. P. and Berar letting of Houses and Rent Control Order. 1949, for permission to issue a notice terminating the tenancy of the opponent. The Rent controller granted permission on 27-9-1963. Thereafter the plaintiff issue a notice terminating the tenancy of the defendant on 1-11-1963 called upon him to evict [sic] the premises at the end of the month. Thereafter the plaintiff filed his suit on 17-12-63. In this suit he claims Rs. 1260 by way of the arrears the rent from 1-3-1963 to the date of the filing of the suit, damages from 1-12-1963 for the further period at he rate of Rs. 10/- per day. He also claims in the suit possession of the property and determination of the damages and arrears of rent as claimed therein.

(3.) IT appears considerable time was taken to bring the defendant before the court and the defendants filed his written statement, after seven months of the filing of the suit, on 27-7-1964 Issues were framed on 12-8-1964. On this date the defendants filed an application Exh 20 praying that the suit should be stayed till the disposal of the suit appeal filed by him against the order of the Rent controller. The defendants has not disclosed as to when. The appeal wassailed only mention being that appeal was pending before the collector. This was opposed by the plaintiff. The grounds of opposition by the plaintiff were that the premise were required for personal occupation of the plaintiff, in any cases if a stay were to be granted it should be on term because the defendants was is area of the considerable amount by way o the rent which he should be called upon pay as condition for stay and further provision should be made to ensure payment for subsequent period. The learned judge of the trial court has granted stay of the suit with out terms by the following order: