MAHADEO PRASAD CHHOGALAL Vs. MITHULAL MOTILAL

JUDGEMENT

(1.) This is a revision application against the order staying the proceedings in the suit subject to certain conditions.

(2.) THE facts of the case are that the non -applicant had filed a suit against the applicant for arrears of rent amounting to Rs. 1,668.36 nP. The applicant -tenant has also filed an application before the Rent Controller for fixation of fair rent. While the suit for arrears of rent was going on, the applicant made an application for stay of the proceedings on the ground that as he had applied for fixation of a fair rent, no decree can be passed unless the fair rent has been fixed. The application for stay was opposed by the non -applicant, but ultimately it appears, the non applicant, agreed for stay subject to certain conditions. The trial Court ordered the stay of the proceedings, but as a condition precedent, it ordered that the defendant shall either deposit the suit amount of Rs 1,668.36 nP. together with the court -fee affixed by the plaintiff to his plaint, or give a security upto the extent of Rs. 2,100 for the performance of the decree that may be passed against him. The trial Court further ordered that the defendant shall also have to pay interest at the rate of 3% per annum on the amount found due from the date of the suit till date of decree, if any.

(3.) ,. On the other hand, the learned counsel for the non -applicant stated that the application was made under section 151, Civil Procedure Code. The Court has ordinarily no power to stay proceedings under section 11 of the M.P. Accommodation Control Act. It is only by the exercise of inherent jurisdiction that the suit could be stayed. While exercising the inherent jurisdiction it can certainly see whether there is any abuse of the process of the Court or whether any relief which the plaintiff is otherwise getting can be given to him in the interest of justice. According to him, if the suit was not stayed, the plaintiff would certainly have got the decree against the applicant at least for a reasonable rent.