SUBHKARAN CHARARIA Vs. JADUNANDA SHARMA

JUDGEMENT

(1.) This revision petition arises from an order of the Assistant District Judge (I) Gauhati made on March 1st, 1989 in Title Execution Case No. 9 of 1982 rejecting the prayer of the petitioner to stay the execution case pending disposal of the Title Suit No. 65 of 1988 instituted by him in the Court of the Munsiff (II) Gauhati.

(2.) Facts:- The plaintiff petitioner instituted Title Suit No. 65 of 1988 in the Court of the Munsiff (II) Gauhati against the decree-holders in the execution case claiming, inter alia, declaration that the plaintiff has right to possess the premises which is the subject matter of the execution case, and permanent injunction restraining the decree-holders and/or their agents from disturbing the possession of the plaintiff-petitioner. The plaintiff brought the suit alleging that he is tenant of decree-holders and has been occupying 7 rooms since 1972 and that he was not a party in the suit in which the decree under execution was passed. In the suit, the petitioner filed an application under Order 39, Code of Civil Procedure for interlocutory prohibitory injunction for restraining the decree-holder from disturbing his alleged possession. The petition was rejected by the Munsiff. The order was appealed to the Additional District Judge. The learned Additional District Judge dismissed the appeal. Revision against the order of the Additional District Judge was dismissed by this Court in Civil Revision No. 427 of 1988. Thereafter, the petitioner filed another application under section 151, Code of Civil Procedure in the executing Court (the Assistant District Judge (I) Gauhati) for staying Title Execution Case No. 9 of 1982. The Executing Court rejected the application. Hence this petition.

(3.) The first question which arises for consideration is whether the application for stay of the decree is maintainable under section 151, Code of Civil Procedure on the facts and circumstances of the case.