AB RAZAK MAKAI Vs. SAMAD KUCHAY

JUDGEMENT

(1.) A rent suit for Rs. 108 was brought by Abdul Razak Makai, Mst. Zoni and others against Samad Kuchay and Abdul Razak Kuchay on 20 -6 -59 which was heard by the Judge Small Causes Srinagar. The rent claimed was with respect to the l/7th of a three -storeyed, five windowed house situate at Rishi Har, Nawakadal, Srinagar. The rent was claimed on the basis of a rent deed dated 16th Maghar 2008 executed by the defendants in favour of some of the plaintiffs and the predecessors -in -interest of the other plaintiffs. The suit was dismissed by the Judge Small Causes on 30 -8 -61, holding that the rent deed on which the claim was based was got executed by the plaintiffs from the defendants by fraud and under coercion. This order of dismissal of the suit was set aside by my Lord the Chief Justice on 10 -10 -61, holding that a question of title being involved in the case, the Judge Small Causes had no jurisdiction to hear the case but should have returned the plaint for presentation to the proper court. Thereupon the Judge Small Causes Court on 13 -11 -61 returned the plaint to the plaintiff who presented it to the District Judge On the same day the case was transferred to the court of the First Addl. Munsiff Srinagar. Thereafter the defendants were summoned and six issues were struck in the case on 18 -6 -62.

(2.) ON 22 -5 -61 the plaintiffs along with some others brought a suit for partition and ejectment and for damages for use and occupation against the defendants and some others The total number of defendants in this case was 17. The same house, a portion of which is the subject -matter of the rent deed dated 16th Maghar 2008 is the subject -matter of dispute between the parties in the suit of 22 -5 -61. This suit is pending before the Second Addl. Munsiff Srinagar. On 1 -3 -62 eight issues were struck in this suit. The title about the house in question is also in dispute between the parties to the suit.

(3.) AN application under S. 10 of the Civil P. C. was presented by the plaintiff in the court of the First Addl. Munsiff in the rent suit on 9th August 1962. The defendants objections were filed on 20 -9 -62. The trial court (court of the First Addl. Munsiff Srinagar) stayed this suit by means of its order under revision, dated 6th August 1963.