MOHABATT SINGH Vs. SARWAN LAL

JUDGEMENT

(1.) At the request of the parties, the arguments were heard and writ petition is being disposed of finally.

(2.) The plaintiff-respondent filed a suit for eviction against the defendant-petitioner in the trial court. During the pendency of that suit, the defendant-petitioner moved an application under Sec. 10 read with Sec. 151 Code of Civil Procedure to stay further proceedings of the suit for eviction on the ground that subsequent to filing of the present suit, he has also filed a suit for specific performance against one Kana and plaintiff Sarwan Lal, therefore, property of both the suits is one and same, therefore, further proceedings of the present suit be stayed. The trial court rejected the application vide order dated 22nd Aug., 2007. Being aggrieved with the same, the defendant has preferred this writ petition.

(3.) The learned counsel for the petitioner contended that matter and property in issue in both suits are one and same, therefore, further proceedings of the present suit for eviction filed against him should have been stayed by the trial court, but the trial court wrongly rejected his application vide impugned order, which is liable to be set aside by this Court.