VIJAY KUMAR SUD Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) THIS is Civil revision and has been directed against the order dated 15.3.1999 passed by Addl. District Judge, Patiala, who affirmed the findings of the learned trial Court dated 23.2.1998 vide which the rent proceedings titled Vijay Kumar Sood v. Union Bank of India and Varinder Kumar Sood v. Union Bank of India were stayed.

(2.) SOME facts can be noticed in the following manner :- Union Bank of India is a tenant of the demised premises. Varinder Kumar Sood claims himself to be the landlord of the demised premises and he filed an ejectment petition against the bank seeking ejectment of the Bank from the demised premises on the grounds of non-payment of rent etc. The bank in response of the notice issued to it appeared before the Rent Controller and did not tender the rent. Vijay Kumar is the other brother of Varinder Kumar Sood and he also filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act and sought the ejectment of the bank on the ground of non-payment of rent. The bank appeared before the Rent Controller and did not pay the rent on the plea that the rent has already been deposited with the income-tax authorities. Since there are rival landlords i.e. Varinder Kumar Sood and Vijay Kumar, the bank filed a suit under Section 88 read with Order 35 of the Code of Civil Procedure and during the pendency of the suit the bank also made a prayer that till the rights of Varinder Kumar Sood and Vijay Kumar are adjudicated finally by the competent Court of jurisdiction, the proceedings of the rent petitions may be stayed. This application was contested by Varinder Kumar Sood mainly on the ground that since a right has accrued to him against the bank with the non-payment of arrears of rent on the first date of hearing, therefore, the application of the bank is not legally maintainable, the learned trial Court vide order dated 23.2.1998 allowed the application for the following reasons :-

(3.) STILL not satisfied with the judgment of the first Appellate Court, the present revision.