MADAN LAL Vs. ONKAR PARKASH
LAWS(P&H)-1989-10-51
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 23,1989

MADAN LAL Appellant
VERSUS
Onkar Parkash Respondents

JUDGEMENT

S.S.SODHI,J - (1.) THE impugned order of the Rent Controller declining to stay proceeding warrants no interference in revision.
(2.) THE matter here arises from an application filed by Onkar Parkash and Om Parkash seeking the ejectment of the petitioner Madan Lal from the shop held by him as tenant on the ground of non-payment of arrears of rent. It appears that there had been litigation between Onkar Parkash and Om Parkash on the one hand and one Yash Pal on the other regarding title to this shop. Both the trial Court as also the lower appellate court held in favour of Onkar Parkash and Om Parkash, but the matter is now before this Court in Regular Second Appeal which is still pending. It was the plea of the petitioner Madan Lal that he had already paid the rent for the shop to Yash Pal and as the appeal of Yash Pal regarding ownership of the shop was still pending in this Court, the application for ejectment filed against him, be stayed. Mere pendency of the appeal filed by Yash Pal in this Court, clearly affords no occasion for staying the present proceedings. This revision petition is accordingly hereby dismissed. In the circumstances, however, there will he no order as costs. Petition dismissed.;


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