RAJENDRA PRASAD Vs. MANOHAR LAL GUPTA

JUDGEMENT

(1.) This revision application is directed against an order dated the 16th June, 1988, passed by Mrs. Santoshi Tigga, Munsif, Ist court, Chapra, in Eviction suit. No. 15 of 1987, whereby and whereunder she rejected the petition filed by the petitioner for stay of the aforesaid suit proported to be uader Section 10 read with Section 151 of the Code of Civil Procedure till the disposal of partition suit No. 37 of 1966 pending in the court of subordinate Judge, 8th Court, Chapra.

(2.) The facts of the case lie in a very narrow compass. The opposite party filed a suit for eviction of the petitioner. In the said suit, the petitioner filed written statement contending therein inter alia that he had been paying rent to the father of the plaintiff-opposite party and not to the plaintiff, in other words, the contention of the petitioner in the suit was that there did nut exist any relationsip of landlord and tenant by and between the plaintiff and the defendant. The petitioner has brought on the record that a partition suit is pending which includes the suit premises also in the court of subordinate Judge being partition Suit No. 37 of 1966.

(3.) In his application purported to be under Section 10 read with Section 151 of the Code of Civil Procedure, the petitioner prayed for stay of further proceeding of the aforementioned eviction suit, inter alia, on the ground that unless the said partition suit is decided, the question as to whether the petitioner is the owner in respect of the suit premises or not cannot be decided,