BARJI DEVI Vs. MOHANLAL SUKHIJA

JUDGEMENT

(1.) THIS revision petition has been filed by Smt. Barji Devi landlady against the order of the Rent Controller, Dabwali dated 2nd April, 1985, staying the proceedings in an application for ejectment against the respondents on the ground that on similar grounds an application was filed by her against which a revision petition is pending in the High Court.

(2.) BRIEFLY , the facts are that the petitioner filed a petition for ejectment on 12th January, 1982 against respondents from the property in dispute under section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 on the following grounds :-

(3.) THE learned counsel for the petitioner has fairly admitted that the grounds mentioned at serial Nos. (c), (d), (e) and (f) were the subject matter of the earlier petition. Consequently, he has made a statement before me that he gives up those grounds and would not press the same. He further says that he will seek ejectment of the respondent on the grounds mentioned at serial Nos. (a), (b) and (g) of para 2 of the petition. The said grounds, he contends, were not taken in the earlier petition and, therefore, the present petition could not be ordered to be stayed.