Manoj Kumar Gupta, J. - (1.) Aggrieved by order dated 27.7.2015, passed by the Judge Small Cause Court in SCC suit no. 01 of 2010, the petitioner has filed the instant petition.
(2.) It transpires from the record that the suit referred to above has been filed by the second and the third respondents for recovery of arrears of rent and for ejectment. In the suit, the petitioner took a plea that there had been an agreement for sale with regard to the same premises in his favour and on the basis whereof, the suit instituted by him for specific performance was decreed in part for refund of earnest money. The appeal against the judgement of the trial court in so far as it refuses decree of specific performance, is pending. Consequently, the petitioner cannot be said to be a tenant of the demised premises. It is further contended that in a previous suit being Original Suit No. 687 of 1983, instituted by the respondent no.2 and 4, status of the petitioner has been described as that of a tress-passer. The suit aforesaid is still pending. In such view of the matter, the subsequent suit before the Judge Small Cause Court claiming the petitioner to be a tenant was not maintainable.
(3.) The petitioner filed application for dismissing the suit as not maintainable and for staying the proceedings thereof, during the pendency of the appeal filed by the petitioner against the judgement in the suit for specific performance. The application aforesaid was rejected by the trial court by order dated 16.8.2014. Aggrieved by the said order, the petitioner preferred Writ-A no. 52618 of 2014, which was disposed of by this Court granting liberty to the petitioner to get the issue formulated in this regard by the trial court.;