PUNJAB STATE ELECTRICITY BOARD Vs. SUDESH RANI

JUDGEMENT

(1.) THIS revision petition is against the order of Rent Controller dated 10. 9. 1990 whereby an application under Section 10 read with Section 151 C. P. C, filed by the petitioner for stay of the proceedings in the rent application has been declined.

(2.) BRIEFLY put, the respondent-land-lady filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for eviction of the petitioner on the ground of non-payment of rent on 24. 10. 1988 Pursuant to the notice issued by the Rent Controller, the respondent put in appearance on 26. 11. 1988 but did not tender the rent and the matter had to be adjourned two/three times giving opportunity to the petitioner to file written statement. The Rent Controller after filing of written statement, framed the issues, i. e. , as to whether there is relationship of landlord and tenant between the parties and what is the effect of non- payment of rent and posted this case for the evidence of the applicant for 5. 3. 1990.

(3.) THAT on 16 7. 1990, the petitioner filed an application under Section 10 C. P. C. for stay of the proceedings in the rent application on the ground that the petitioner Board has filed an interpleader suit in the court which is likely to succeed. It further averred that there is no relationship of landlord and tenant between the parties. Reference was also made that there is a dispute of title and till such controversy is determined, the present proceedings are liable to be stayed.