SHEEYAM SUNDER Vs. RAJA RAM AND ORS.

JUDGEMENT

(1.) THIS revision petition is directed against the order of learned Civil Judge, Nagaur dt. 17.9.90 whereby he has allowed the application Under Section 10 and 151 C.P.C. filed by the non -petitioner and stayed the proceedings of civil suit No. 11/79.

(2.) BRIEF Facts of this case are that the petitioner purchased the disputed house from Badridas for Rs. 6000/ -. Which was under mortgage with one Kishanlal Sita Ram who gave it to Raja Ram, the non -petitioner on rent 68/ - per month. The petitioner paid full amount of the mortgager. He had also given notice to the tenant Raja Ram to vacate the house but Raja Ram did not vacate the house. Thus, the plaintiff filed a suit No. 11/79 on 1.6.79 for eviction against the non -petitioner Raja Ram. Brothers of Badridas being aggrieved by the sale of house to Sheeyam Sunder filed a suit No. 24/82 for partition as the same could not be sold by Badridas alone as the house is ancestral one. They have also prayed that Raja Ram should be declared as their tenant and rent should be paid to them. Raja Ram, the non -petitioner filed an application Under Section 10 and 151 C.P.C. praying that the suit filed by Sheeyam Sunder for eviction against him be stayed, till the suit No. 24/82 for partition is decided. The learned civil Judge vide his order dt. 17.9.1990, stayed the suit No. 11/79 till the decision of suit No. 24/82 pending before Addl. Dist. Judge, Nagaur. Hence, this revision petition by Sheeyam Sunder.

(3.) I have heard learned Counsel for the parties and perused the case law.