CHANDER BHAN KAPUR Vs. SMT. SUSHILA DEVI

JUDGEMENT

(1.) This revision petition has been filed against the order of the Rent Controller, Chandigarh, dated May 10, 1978 declining the application under Section 10 of the Code of Civil Procedure (hereinafter called the Code). The tenant moved a petition for staying eviction proceedings on the basis that the grounds given in both the cases apart from the arrears of rent, were identical and, therefore, the second application may be stayed by invoking the provisions of Section 10 of the Code. The application was opposed by the landlord and ultimately declined by the Rent Controller on the ground that the subject-matter of the two applications was not identical.

(2.) The learned counsel for the petitioner contended that once the arrears of rent are tendered and accepted this issue would no more exist between the parties and the subject-matter of the two applications would be identical and it would be an abuse of the process of the Court to allow the second application to proceed. The learned counsel for the respondent on the other hand, contended that the provisions of Section 10 of the Code are not applicable to the proceedings before the Rent Controller and that unless the subject-matter of the two proceedings is identical, the second application cannot be stayed. In support of his contention, he has relied on several decisions of this Court which need not be noticed here because none of them has any relevancy so far as the facts of the present case are concerned. In all these decisions, the suits related to the realization of rent relating to two different periods and it was in these circumstances that it was held that the second was not liable to be stayed under Section 10 of the Code.

(3.) Even if the contention of the learned counsel is accepted, that Section 10 of the Code is not applicable, it is well established that the Rent Controller has to regulate its procedure according to the principles of equity and fair play between the parties. Proceedings in the two applications simultaneously, having the same subject-matter cannot be permitted. However, in the present case, the Rent Controller has not gone into this matter as to what are the issue arising in the two applications.