ORDER :- This revision petition arises out of the order in I. A. No. 150 of 1971 in O. S. 10 of 1969, wherein the Subordinate Judge, Erode, has stayed the suit O. S. No. 10 of 1969, under Sec. 10, C. P. Code. The facts of the case are ? Prior to the filing of O. S. No. 10 of 1969 wherein I. A. No. 150 of 1971 has been filed, the petitioner herein filed O. S. No. 222 of 1966 on the file of the Court of the Subordinate Judge, Erode. In that suit, the petitioner herein claimed damages from the respondent herein for the years 1960-61 to 1965-66. That suit was decreed for Rs. 12,320 against the respondent herein. The respondent herein preferred A. S. 838 of 1968 on the file of this Court and the same is pending. The main contention of the respondent herein in that appeal is that he is a tenant and as such there is no question of claiming any damages from him as a trespasser. But, on the other hand, the petitioner herein asserts, that the respondent is a trespasser and is liable to pay damages. Mr. Venkatavaradachari, learned counsel appearing for the respondent submits that if it is held that his client is a tenant, different consequences will follow and as such the question as to wheth

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