NICHALDAS WADHURAM Vs. ASKARAN CHOPDA

JUDGEMENT

(1.) This revision under Section 115 of the Civil Procedure Code is by the defendant against the order dated 31-1-1959 passed by Shri P. D. Saxena, Second Civil Judge, Class II, Raipur in civil suit No. 18-A of 1959 refusing to stay the trial of the suit as required by Section 170 of the M. P. Land Revenue

(2.) The non-applicant holds khasra Nos. 429 and 430 in malik makbuza right. By registered lease deeds dated 25-4-1950 and 23-4-1952, the applicant took certain parcels uf land from the said fields out lease on a monthly rent of Rs. 300/-. The leases were to commence from 5-1-1951 and 5-1-1952. As the lease dated 23-4-1952 was to expire on 4-1-1955, the non-applicant wanted the applicant to vacate the plot. But, by a registered deed, dated 2-3-1955, the lease was extended upto 4-1-1957. The leases were obviously for a nonagricultural purpose as the deeds clearly show. They contained a condition that the lessee would vacate the sites and remove all superstructures at the expiry of the lease. The non-applicant served notices requiring the applicant to vacate the sites after removal of the superstructures. As the applicant failed to vacate, the present suit for ejectment was filed on 21-10-1957.

(3.) The applicant has not as yet filed any written statement in the suit. On 14-21958, he filed an application for stay of the civil suit under Section 170 of the M. P. Land Revenue Code, 1954 on the ground that, as lie had applied to the Collector on 1.1-2-19581 praying for declaration of his right under Section 169 of the M. P. Land Revenue Code, 1954, the present suit for ejectment could not be continued.