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Amitabha Gupta (NA)     14 February 2010

Stay of suit

Fact:-   A tenant [Plaintiff] entered in to an agreement for purchasing the rented premises. the landlord [Defendant No.1] played mischief and tried to sold the property to some body else. the tenant filed a civil suit for specific performance. suit was lost by him and so also the first appeal. during the pendency of suit the rented premises was sold to a third person, who was subsequently added as defendant [Defendant No.2] . And the relief of cancellation of the sale deed was also sought by way of amendment. second appeal of tenant/plaintiff  has been admitted and the same is pending. Now the Defendant No.2 in the suit, who purchased the property, has filed a suit for eviction against the tenant/plaintiff on the ground of non payment of rent.

Question:-  whether the present suit can be stayed on the face of the fact that the second appeal between the same party is pending?



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 4 Replies

Swami Sadashiva Brahmendra Sar (Nil)     14 February 2010

Yes, it should be stayed.

niranjan (civil practice)     14 February 2010

Subsequent suit can only be stayed when when the matter is directly and substantially in issue in a previosly istituted suit between the same parties. In this case the first suit for specific performance and while other is for eviction, so issues in both thecases are different and so the second suit cannot be stayed.

shrikant chede (law officer)     15 February 2010

Yes, it should be stayed.,

Ajay kumar singh (Advocate)     16 February 2010

Mr. Niranjan is absolutely correct in my poinion.


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