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HARKESH MANUJA
Kid Care Child Hospital – Appellant
Versus
Sudha Bansal – Respondent
JUDGMENT
Harkesh Manuja, J. - Petitioner is aggrieved against the order dated 02.08.2022; whereby an application filed at his instance, under Section 10 CPC for staying of proceedings of Rent Petition No.18 of 2021 till the decision of Civil Suit No.196 of 2021, has been dismissed.
2. Brief facts leading to the present revision petition are that property No.736/1, Ahata Murari Lal, Kalka consisting of first floor and second floor was rented out in favour petitioner No.2 Dr. Dinesh Kumar Sharma, by the original owner Sh.Sadhu Ram Mittal, way-back in the year 1983. After the death of Sh.Sadhu Ram Mittal, his legal heirs sold the property in question to the respondent herein vide registered sale deed dated 25.07.2019.
3. In July 2021, petitioner No.2 filed a suit for preemption against respondent as regards sale deed dated 25.07.2019, claiming himself to be owner in occupation of the suit property.
4. Simultaneously, during the same period, respondent filed an eviction petition against the petitioners.
5. In the eviction petition, petitioners moved an application under Section 10 CPC with a prayer for stay of further proceedings till the decision of civil suit for preemption filed at their
Section 10 CPC applies to separate civil suits and does not extend to applications in pending suits. The Rent Act provides a special procedure for eviction proceedings and does not require adjudicati....
The court clarified that Section 10 of the CPC applies only to suits and not to applications in pending suits. Additionally, the Rent Controller does not have jurisdiction to adjudicate ownership/tit....
Section 10 CPC applies only when issues in both suits are directly and substantially the same; otherwise, separate proceedings may continue without conflict.
The court clarified that distinct issues in separate suits do not warrant a stay under Section 10 of the CPC, emphasizing the need for identity in both the matter in issue and the relief sought.
Section 10 of the CPC prevents concurrent trials of suits with identical issues; distinct issues allow separate proceedings.
Eviction proceedings can continue despite pending title disputes as the landlord-tenant relationship and title issues are adjudicated separately.
The court established that for an application under Section 10 CPC to succeed, the suits in question must be interlinked, which was not the case here.
Inherent powers under Section 151 CPC can only be exercised when no remedy exists under other provisions, emphasizing distinct legal contexts in related suits.
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