PURSHOTTAM Vs. KANAIYA LAL

JUDGEMENT

(1.) THE petitioner is landlord of his shop which he had rented out to the respondent as a tenant on an agreed rent of Rs. 70/-p. m. THE petitioner filed a suit for fixation of standard rent. While the suit for fixation of standard rent was pending, the trial court fixed Rs. l20/-p. m. as the provisional rent under section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which on appeal was reduced to Rs. l00/-p. m. and on tenant's Civil Revision No. 135/80 kanaiya Lal V/s Smt. Kesar Devi was maintained by this Court on 7th of May, 1980.

(2.) WHEN the tenant did not pay the provisional rent, a suit for ejectment was filed against the tenant on the ground of non- payment of rent. The suit was opposed by the tenant and while doing so,an application was filed under section 10 of the Code of Civil Procedure for staying the suit on the ground that earlier suit for fixation of standard rent was pending in which some issues were common between the same parties. One of the common points pleaded was that the landlord had agreed to sell the shop in dispute to the wife of the tenant and pursuant to that agreement the tenant's case was that he was not liable to pay rent and, therefore, the suit deserves to be stayed. The plea of the tenant prevailed with the trial court and the suit for ejectment was stayed. This is landlord's revision under section 115 of the Code of Civil Procedure. Despite service none appears for the respondents. Accordingly, I proceed to decide the revision ex-parte.

(3.) THE only common issue, according to court below, is as follows: - "whether the plaintiffs did not remain owner of the disputed shop after 26th of November, 1970 and are not entitled to get rent of the disputed shop from the defendants. "