( 1 ) THIS is a tenants revision directed against the order dated 1-2-1984 recorded by Sri D. C. Srivastava, learned II Addl. District Judge, Kanpur in SCC suit No. 97 of 1982 who rejected the application of revisionist paper No. 113-C, under sections 10 and 151 of the Code of Civil Procedure for staying the suit till the disposal of the earlier suit No. 917 of 1981.

( 2 ) SUIT No. 917 of 1981 was filed by the revisionist against the landlord- opposite parties for declaration and perpetual injunction restraining the opposite parties from ejecting the revisionist and declaring him to be the tenant of the disputed premises.

( 3 ) THE defence in the earlier suit filed on regular side in the Court of Munsif city. Kanpur was that revisionist was a Thckedar and not tenant.

( 4 ) SCC Suit No. 97 was filed subsequently by the opposite parties in the Court of District Judge, Kanpur for ejectment and recovery of dues with the allegations that revisionist was a Thekedar and the Theka period had expired and so the revisionist is liable in ejectment It was further pleaded in the alternative that in case the revisionist was held to be tenant of the same he was a defaulter in pay