RAM BUX Vs. SOHAN LAL

JUDGEMENT

(1.) THIS is a revision against an order of the Munsif, Jodhpur City, dated 29th October, 1958, and arises in the following circumstances:

(2.) ONE Mst. Sada mortgaged her shop to Radha Kishan Shrimali on 13th January, 1913, for Rs. 2,000/ -. After the death of Mst. Sada, the respondents as also Jankidas deceased claimed to be her heirs,, and redeemed the mortgage on 5th January, 1954. Rambux, who was the tenant under the mortgagee, executed a fresh rent-note in favour of Jankidas and his sons, the three respondents, Sohanlal, Kedarlal, and Madanlal. Ram Bux subsequently discovered that Mst. Bachi and Mst. Javatri were the heirs of Mst. Sada, and obtained a sale of the equity of redemption from them on 20th June, 1957. Rambux then gave notice to the respondents on 24th June, 1957, offering to redeem the mortgage as he had acquired the equity of redemption from the proper heirs of Mst. Sada. The respondents did not accept that Rambux had acquired the equity of redemption, whereupon Rambux filed a suit for redemption on 16th July, 1957, in the court of Munsif, Jodhpur City. This was suit No. 247 of 1957, and is now pending in the court of Munsif, Jodhpur District where it had been transferred. The respondents thereafter instituted a suit on 3rd September, 1957, for ejectment of Rambux, and that suit which is No. 257/57 is pending in the Court of Munsif, Jodhpur City. Rambux made an application to the Munsif, Jodhpur City, in suit No. 257 of 1957 that it may be stayed till decision of suit No. 247 of 1957 instituted by him. The learned Munsif rejected the application on 29th October, 1958. Ram Bux has come in revision aggrievd by the aforesaid order.