Abdur Rahman, J.

1. This is a petition for revision against the order of the District Munsif of Tirupati rejecting the petitioners application for stay of Suit No. 861 of 1935 under Section 10, Civil P.C., until the matter in Appeal No. 6 of 1934 pending in the District Court o Chittoor is decided. It has been urged on behalf of the petitioner that inasmuch as the main contention between the parties in the present suit and in Appeal No. 6 of 1934 relates to the occupancy rights claimed by the petitioner, he is entitled to demand a stay. It cannot be disputed that the provisions contained in Section 10 are mandatory in character and when the facts of a particular case invoke the operation of that Section, the Courts have no other alternative but to give effect to it and stay the suit. I have therefore to determine if the matter in issue in the present suit is directly or substantially in issue in Appeal No. 6 of 1934, which must be taken to be the continuation of a previously instituted suit. At this stage it will be convenient to state that the first suit was filed on behalf of the respondent for rent in respect of a particular period and the present suit is in respect of a sub