MUNILAL Vs. SARVAIEET

JUDGEMENT

(1.) An interesting question regarding the interpretation of Section 10. Civil P. C. arises in this revision petition as to the meaning and contents of the expression "the trial of any suit".

(2.) The undisputed facts are that the landlord non-petitioner filed a suit for ejectment against the petitioner tenant on 6-12-1977 in the court of Munsif. Sri Ganganagar which was transferred to the court of Additional Munsif, Sri Ganganagar. In that suit, a decree for ejectment and for recovery of arrears of rent was passed against the petitioner on 27-2-1981. The petitioner preferred an appeal against the aforesaid decree and the said appeal is still pending in the court of District Judge. Sri Ganganagar.

(3.) Earlier to the filing of the suit for ejectment the petitioner had filed a suit on 28-11-1977 in the Court of Munsif, Sri Ganganagar seeking a declaration to the effect that the petitioner-tenant could not be dispossessed from the premises in dispute without the process of law. In that suit, the tenant petitioner claimed that he was a tenant of two rooms and a courtyard on a monthly rent of Rs. 40. This suit has also been transferred to the Court of Additional Munsif. Sri Ganganagar and is still pending in that court. The petitioner filed an application, in the Court of the learned District Judge. Sri Ganganagar in the appeal pending against the decree for ejectment and recovery of arrears of rent stating that as the questions for determination in that appeal are the same as are required to be determined in the civil suit filed by the petitioner and which is pending in the Court of Additional Munsif. Sri Ganganagar, the proceedings in the appeal should be stayed until the decision of the previously instituted suit. The learned District Judge by his order dated July 15. 1981 agreed to stay the proceedings in the appeal relating to ejectment and recovery of arrears of rent, but he imposed a condition upon the tenant-petitioner that he should deposit all the over-due rent within 15 days of the order.