SABINA, J. - Labh Singh and Hukam Kaur, respondents No.1 and 2, filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for ejectment of the present petitioners from the shop in dispute. Vide the impugned order dated 28.11.2009, the application moved by the petitioners under Order 35 Rule 3 of the Code of Civil Procedure (CPC for short) for staying the further proceedings in the ejectment petition was dismissed. Hence, the present petition by the petitioners.

2. Learned counsel for the petitioners has submitted that initially Ishar Singh was the owner of the shop in dispute. After his death, the heirs of Ishar Singh had filed ejectment petitions against the tenants. The petitioners had filed an interpleader suit under Order 35 Rule 5 CPC to determine the rights in tenancy premises. Till the decision of the interpleader suit, the proceedings in the ejectment petition filed by respondents No.1 and 2 were liable to be stayed. In support of his arguments, learned counsel has placed reliance on Prem Lata vs. Bhupinder Singh 2000 (2) RCR (Rent) 461, wherein, in para 8, it was held as under:-

“Order 35, Rule 5 CPC clearly spells out that the tenant ha