VISHNU DAS Vs. KRISHNA KUMAR

JUDGEMENT

(1.) THIS is a revision petition in a civil case. By judgment dated 11 -12 -1951, the First -Judge, Small Cause Court, has decreed the landlord's suit for four months' rent amounting to Rs. 400. This revision petition is against this order. I have heard the arguments of the learned Advocates of the parties and record my opinion below.

(2.) THE learned Vakil for the revision -Petitioner argued that the learned Judge, Small Cause Court, erred in not staying the suit when not only there was an application for the fixation of a fair rent, before the Rent Controller, but, in fact, the Rent Controller had fixed a fair rent; that the contractual rent was Rs. 100 p.m. and the fair rent fixed by the Rent Controller was Rs. 9 per month; that there is plenty of authority for staying of the suit before the learned Judge: vide - Dulhammal Rizumal v. Abdul Kadar, AIR 1950 MP 8 and - 'Ramchandra v. Rameshwar, AIR 1951 MP 115 and a judgment of this Court in - 'Revn. Petn. No. 124/4 of 1951'. In reply the learned advocate for the Respondent argued that an appeal has been filed against the order of the Rent Controller which is palpably unjust; that there is authority of this Court, for not staying the rent suit: vide - 'Revn. Petn. No. 253/5/1A of 1950' and that, therefore, the learned Judge was quite correct in not staying the suit.

(3.) ON these grounds I accept this revision set aside the judgment under revision and direct that the suit be stayed till the decision of the appeal against the order of the Rent Controller is pronounced. I make no order as to costs.