M.P.Singh - (1.) THE present petition has been filed against the order dated 1-10-1985 passed by the Vllth Addl. District Judge, Kanpur, by means of which the application to consolidate the two suits has been rejected.
(2.) THE petitioner is tenant of premises No. 84/3 situated at Factory Area Fazalganj, Kanpur. Respondent no. 2 is the owner and landlord. The landlord filed suit No. 59 of 1980 in the court of Vllth Additional District Judge for recovery of Rs. 13,500/- as arrears of rent against the petitioner. During the pendency of the said suit, he filed another Suit No. 372 of 1983 in the court of Civil Judge for injunction restraining the defendant-petitioner from causing any damage to the building. It is admitted by both the parties that Suit No. 372 of 1983 which was pending before the Civil Judge has already been transferred to the court of Vllth Additional District Judge under the orders of learned District Judge. Thus, admittedly both the suits are pending before the Vllth Additional District Judge, Kanpur.
(3.) IN fact, the nature of two suits referred to above are different ; one is for recovery of arrears of rent and the other is for injunction, but the parties are same. The premises is also the same. The main controversy hinges on the admissibility of the lease-deed dated 31st March, 1980, which is subject matter in both the suits. It is stated that by means of an order dated 28-2-1985 the said lease-deed has been held to be admissible in Suit No. 372 of 1983, whereas a conflicting order has been passed in Suit No. 59 of 1980 on 28th February, 1983.;