HIRALAL Vs. MANGILAL

JUDGEMENT

(1.) THIS is an application by Hira Lal plaintiff to revise the order of the Civil judge, Alwar staying the suit under sec. 151 of the Code of Civil Procedure. The plaintiff is a assignee of a decree for ejectment and arrears of rent and arrears subsequent to the decree from one Ram Kumar who is the defendant pro forma in the present case. The decree in the ejectment and arrears of rent suit was given by the High Court of Alwar in favour of Ram Kumar against Kanhya-lal defendant No. 1. It is this decree which was assigned to the plaintiff. On the strength of that decree the plaintiff has obtained the possession of the property from Kanhyalal. THIS suit has now been filed for the recovery of arrears of rent acruing after the date of previous suit. Before the suit was filed, Kanhyalal filed another suit in the Court of the District Judge, Alwar for a declaration that Fateh Lal was an adopted son of Mst. Dhanni and was consequently entitled to the shop in suit. Fateh Lal has mortgaged the shop in favour of Kanhyalal and consequently the latter has also prayed for a declaration that he is a valid mortgagee of the shop in question.

(2.) AN application was made in the lower court by the defendant Kanhyalal that the suit be stayed pending the decision of his suit in the District Judge's Court. The learned Civil Judge found that the suit could not be stayed under sec. 10 of the Code of Civil Procedure, but he found it proper to stay the suit by virtue of sec. 151 of the Code of Civil Procedure.