KHUSHALDAS Vs. LAXMILAL AND ANOTHER

JUDGEMENT

(1.) This revision application has been filed against the order passed by the Addl. Munsiff No. 1. Udaipur on Aug. 23, 1977, rejecting the application of the defendant for staying the proceedings in the suit under Sec. 10 of the Code of Civil Procedure

(2.) Khushaldas filed a suit for fixation of standard rent and in that suit the defendant landlord took the pleas that the plaintiff was not the tenant in respect of the suit shop put one Rameshwar Lal was a tenant, who had sub-let the premises to the plaintiff Khushaldas without the consent of the land lord. Subsequently, the landlord Laxmilal filed a suit for ejectment and recovery of arrears of rent against Rameshwarlal and Khushaldas, in which the landlord took the same stand that Rameshwarlal was his tenant and Khushaldas was sub-tenant, who entered into the premises without authority. Khushaldas rietiriated his stand in this suit that he was the tenant of the plaintiff Laxmilal and was not a subtenant as alleged by the landlord.

(3.) Both the aforesaid suits are pending in the same court, namely, Addl. Munsiff No. 1, Udaipur and in both the suits one of the issues framed is as to whether Khushaldas was a direct tenant of the landlord Laxmilal. As the suit for fixation of standard rent was filed earlier in point of time, Khushaldas filed an application in the subsequent suit for ejectment and recovery of arrears of rent praying that the proceedings in the latter suit should be stayed pending the decision of the earlier suit between the parties, regarding fixation of standard rent. On Aug. 23, 1977 the trial court deleted the issue mentioned above, which was framed in the suit for fixation of standard rent and that basis he also dismissed the application of Khushaldas for stay of proceedings in the subsequent suit on the ground that there was no longer any issue common to both the suits. It is against this order that the present revision application has been filed in this court.