NARASIMHAM, J.

( 1 ) THIS petition is by the-defendants against the order dated 9-8-1951 passed by the Subordinate Judge of Sambal-pur in Money Suit No. 24 of 1950 rejecting" their petition for stay of the hearing of the suit till the disposal of a proceeding pending before the House Rent Controller, Sambalpur.

( 2 ) THE opposite party is the owner of a house in Sambalpur town. Petitioner 2 mr. M. C. Panigrahi is the Assistant Registrar of Cooperative Societies and the central Co-operative Bank, Sambalpur. He has taken possession of the house as a tenant for the purposes of the office of the Assistant Registrar and also for his residence. It is alleged by the plaintiff (opposite party) that petitioner 2 agreed to pay a monthly rent of Rs. 205/ -. But the Co-operative Department, however, refused to pay rent at such a high rate and offered a monthly rent of rs. 120/- only. This was, however, not accepted by the house owner and on 23-6-50 the petitioners applied to the House Rent Controller, Sambalpur for fixing a fair-rent for the house. On 10-8-50 the opposite party instituted the present suit claiming arrears of house rent at the contracted rate of Rs. 205/- per month. The petit