RAM KUMAR Vs. JAGDISH

JUDGEMENT

(1.) This petition is directed against the order of the Rent Controller dated 26th May, 1988 whereby ejectment proceedings have been stayed on account of pendency of an appeal arising out of an application for fixation of fair rent.

(2.) It has been stated at the Bar that the said appeal has also been disposed of meanwhile. However, the counsel for the petitioner submitted that the ejectment proceedings could not be stayed because of pendency of the appeal arising out of an application for fixation of fair rent. The view taken by the learned Rent Controller in this behalf was wholly wrong and misconceived. The judgment relied upon therein, i.e. P.V. Shetty v. B.S. Giridhar, 1982 AIR(SC) 82was not at all applicable to the facts of the present case. Moreover, that was a case under the Karnataka Rent Control Act the provisions of which are quite different that and Eviction Act. I find force in this contention of the counsel for the petitioner. The proceedings in the ejectment application could not be stayed on account of pendency of any appeal arising out of the proceedings for fixation of fair rent. Consequently, this petition succeeds and the impugned order is set aside. The petitioner has been directed to appear before the Rent Controller on 25th August, 1989.

(3.) In order to expedite the hearing of the case, it is directed that the parties will lead their evidence at their own responsibility.