BABBAN SHARMA Vs. PRASAD SINHA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 1.3.2001, passed by the learned Single Judge in First Appeal No. 680 of 1993, staying Eviction Suit No. 130 of 1992/57 of 1994, pending in the court of the Subordinate Judge III, Jehanabad, till disposal of the said first appeal.

(2.) THE facts, which are necessary for disposal of the present appeal, are that the plaintiff - respondents first party filed Title Suit No. 104 of 199t for declaration that the sale -deeds executed on 30.9.1988 in favour of the defendant -appellants by the respondents 2nd party were illegal and void documents. They also prayed for extension of the period of lease after its expiry, which was executed by respondents second party prior to execution of sale deeds. The said suit was dismissed on 13.8.1993 against which the respondent first party filed the first appeal in this court, in which the impugned order has been passed.

(3.) THEREAFTER , the respondents -first party filed an application under sections 10, read with 151 of the Code before the learned Single Judge and the learned Single Judge, after having held that the application under section 10 of the Code was not maintainable stayed the execution case in exercise of the power under section 151 of the Code.