PRADIP KUMAR TIBREWALA Vs. KARUNA SAIKIA

JUDGEMENT

(1.) Heard Mr. B.C. Das, learned senior counsel for the petitioner assisted by Mr. P Sundi, learned counsel as well as Mr. P Pathak, learned senior counsel assisted by Mr. A Narzari, learned counsel appearing for the respondent.

(2.) This is an application under Article 227 of the Constitution of India challenging the order dtd. 1/7/2019 passed in Title Suit No.22/2018 by the learned Munsiff, Biswanath Chariali, whereby the Court below rejected the application under Sec. 10 of the CPC, 1908 for stay of the suit.

(3.) For the purpose of disposal of the instant application, it is relevant to take note that the petitioner had filed a suit being registered and numbered as Title Suit No.54/2018 in the Court of the learned Civil Judge, Tezpur. The case of the petitioner as plaintiff in the said suit is that the petitioner carried on his business in the name and style of the proprietor firm "M/S Ashok Motors" which is the authorised dealer of Mahindra and Mahindra vehicle. It is the case of the plaintiff/petitioner that as he was looking for a land for developing and to start the business of dealership of Mahindra and Mahindra, he came across the proforma defendant who is the husband of the defendant. The defendant admittedly owns a plot of land measuring 1 katha 10 lecha covered by Dag No.973 periodic patta No. 128 situated at village Lehugaon under Biswanath mouza, which is more specifically described in Schedule-A to the said plaint. On proper negotiation between the plaintiff and the defendant in the said suit, a deed of agreement was entered into on 21/5/2012 whereby, a plot of land measuring 30 feet in front side and 50 feet in length would be leased out and the said deed of lease agreement was for a period of 18 years and the monthly rental for the land was fixed at Rs.5,500.00 per month and the monthly rental would be enhanced @10% after expiry of every 3 (three) years.