MADAN LAL SAHANI Vs. SATPAL SAHANI

JUDGEMENT

(1.) THESE two civil revisions involve common question and, as such, they have been heard together and are disposed of by this common order.

(2.) THE question which arises for decision is whether proceedings in the suits instituted by the respondents are to be stayed in terms of the Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997. The petitioners who are defendants in the court below filed application for stay of proceedings which was rejected by the impugned order. The suits were filed seeking eviction of the petitioners from the suit premises. It is not in dispute, having regard to the definition of 'immovable property in section 2(b) of the Act that eviction suits between landlord and tenant are otherwise covered by the Act.

(3.) THE relevant provision which is contained in section 3 of the Act runs as under: