The main legal point established is the exclusive jurisdiction of the Court trying Regular Civil Suit no.41 of 2015 and the conditions for stay of suit under Section 10 of the CPC.

JUDGMENT

G.S.Kulkarni, J. - Rule returnable forthwith. Respondent waives service. By consent of the parties heard finally.

2. Challenge in this petition is to an order dated 23 April 2019 passed by the learned Civil Judge Junior Division, Ghodnadi, Shirur, Pune. By the impugned order an application below Exhibit 14 as filed by the respondentdefendant under Section 10 of the Code of Civil Procedure for stay of the suit in question, is allowed in view of the pendency of a prior suit between the parties being Special Civil Suit no.1213 of 2014 filed by the respondent before the Court of Civil Judge Senior Division, Pune.

3. Learned Counsel for the petitioner in assailing the impugned order would contend that the impugned order cannot be sustained in law inasmuch as the jurisdiction of both the Courts in entertaining the respective suits before these respective Courts is different. He submits that the jurisdiction of the Court in the suit in question (Regular Civil Suit no.41 of 2015) arises under the provisions of the Provincial Small Cause Courts Act,1887 read with the Maharashtra Rent Control Act being a suit filed for eviction of the respondent-defendant-tenant, whereas jurisdiction of the Court in the prior suit which is filed by the respondent before the Court of Civil Judge Senior Division is the jurisdiction of a Civil Court under Section 9 of the Code of Civil Procedure being a declaratory suit praying for a declaration in regard to the sale deed as also lease deed in question as entered between the parties. He submits that on this basic premise the impugned order cannot be sustained. Learned counsel for the petitioner has made an alternate submission that the Court should exercise powers under Section 24 of the Code of Civil Procedure and transfer the suit in question to be heard alongwith Special Civil Suit no.1213 of 2014 pending on the file of Civil Judge, Senior Division, Pune.

4. On the other hand Mr.Deshmukh, learned Counsel for the respondent would not dispute that the suit in question as seen from the plaint is a suit between the landlord and tenant. He however, submits that the plea of both the parties in these suits would arise on the same bundle of facts, namely that the defence of the petitioner/plaintiff in the suit before the learned Civil Judge Senior Division is not different from what is being asserted in the present suit. He therefore, submits that the learned trial Judge has appropriately considered this position in passing the impugned order and has rightly stayed the petitioner's suit till the decision of the respondent's Special Civil Suit no.1213 of 2014.

5. Having heard learned Counsel for the parties, at the outset it needs to be observed that these are two suits pending between the same parties. The first suit being Special Civil Suit No.1213 of 2014 was filed by the respondent inter alia praying for a declaration that the sale deed and the lease deed in regard to the suit premises are illegal, null and void. The second suit is the suit in question filed by the petitioner espousing a cause of action which would accrue to a landlord against a tenant (petitioner) falling within the Maharashtra Rent Control Act, 1999 wherein the petitioner/plaintiff has prayed for eviction of the respondent solely on the basis of the lease deed stated to be executed between the parties. Admittedly the jurisdiction of the learned trial Judge in the suit in question is the exclusive jurisdiction conferred under Section 16 of the Provincial Small Cause Courts Act,1887 read with Section 33 of Maharashtra Rent Control Act being a dispute between the landlord and tenant, which is not the jurisdiction of the Civil Judge Senior Division adjudicating the first suit. Section 16 of the Provincial Small Cause Courts Act,1887 reads thus:-

"16.Exclusive jurisdiction of Courts of Small Causes: Save as expressly provided by this Act or by any other enactment for the time being in force, a suit cognizable by a Court of Small Causes