SHANU SHAH Vs. SMT. AKHTAR BEE

JUDGEMENT

(1.) Parties through their counsel. The petitioner before this Court who is a tenant has filed present petition being aggrieved by order dated 27/06/2015 passed in Civil Suit No.18-A/2015 by which the trial Court has rejected the application preferred under section 10 CPC for staying the subsequent suit.

(2.) Learned counsel for the petitioner has argued before this Court that initially the respondent who is landlord has filed a suit for recovery of rent and the same is pending. Later on, the subsequent suit for eviction has been filed. Under those circumstances, the trial Court has rejected the application preferred by the petitioner under section 10 CPC.

(3.) On the other side, learned counsel for the respondent has argued before this Court that subject matter of two suits are altogether different and, therefore, the trial Court was justified in rejecting the application preferred by defendant/tenant. He has placed reliance upon the Judgments viz. Rajesh Singh and ors. v. Manoj Kumar, reported in 2010 MP16, Aspi Jal v. Khushboo Rustom Dadyburjor, reported in 2013 SC 1712, Shashi Pandey v. B.K.Choubey, reported in 2008(4) MPLJ 507, Prakash Chand Soni v. Anita Jain, reported in 2002(2) MPLJ 121 and Dunlop India Ltd. v. A.A.Rahna, reported in AIR 2011 SC 2198.