SURYA PRAKASH KESARWANI, J. - (1.) Heard Sri Sushil Kumar Mishra, learned counsel for the applicant and Sri Arun Kumar Shukla, learned counsel for the opposite party.
(2.) The applicant has filed the present application with the prayer to transfer the Rent Control Appeal No. 30 of 2014 ( Smt. Geeta Srivastava v. Dr. Kailash Chandra Singhal), pending before the Additional District and Sessions Judge (Court No. 14), Kanpur Nagar to another adjacent District and to stay further proceeding of the aforesaid appeal.
(3.) The applicant who is tenant in the disputed house, had filed Original Suit No. 1061 of 2012 (Smt. Geeta Srivastava v. Dr. Kailash Chandra Singhal) in the court of Civil Judge (Sr. Division), Kanpur Nagar for specific performance on the ground that an agreement to sale was executed between his father-in-law late Kailash Chandra Srivastava and the opposite party and a sum of Rs. 1,00000/- was paid as advance. The said suit was dismissed by judgment and order dated 30.1.2014. 3.1. The applicant is a tenant in the disputed house No. 24/63, Birhana Road, Kanpur Nagar The opposite party claiming himself to be the owner and landlord of the said house instituted a Rent Case No. 16 of 2011 (Dr. Kailash Chandra Singhal v. Smt. Geeta Srivastava ) under Section 21(1)(a) of U.P. Act No. 13 of 1972 in the court of Civil Judge (Sr. Division) Court No. 3, Kanpur for eviction of the applicant herein, which was allowed by judgment and order dated 30.1.2014. Against the said order the applicant-tenant filed a Rent Appeal No. 30 of 2014 (Smt. Geeta Srivastava v. Dr. Kailash Chandra Singhal ) in the court of District Judge, Kanpur Nagar, which is pending. ;