G. K. MISRA, J.

( 1 ) THE suit is for declaration of title, confirmation of possession and permanent injunction Both the plaintiff and the defendants claim tenancy rights under the orissa Estates Abolition Act. The Estate Abolition Officer recognised plaintiff's title. Against that order an appeal is pending under Section 9 of the Orissa Estates abolition Act. Defendants made an application before the learned Subordinate judge for stay of the suit under Sections 10 and 151, Civil Procedure Code, alleging that the suit should not be decided when the claims of the parties have not yet been finally decided by the Estate Abolition Authorities. The learned subordinate Judge disemissed this application holding that the Civil Court has no jurisdiction to decide matters pending before the Estate Abolition Authorities and question of conflict of decisions does not arise. Mr. Rath does not press the civil revision on the basis of Section 10 C. P. C.

( 2 ) THE only point canvassed by him is that under Section 151 C. P. C. , the suit should be stayed until disposal of the dispute amongst the parties by the Estate abolition Authorities. In my view, the contention is well founded. Doubtless th