The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.

JUDGMENT :

1. Heard Sri Arvind Srivastava, learned counsel for the revisionist and perused the record. None appears for the opposite party. Since service of notice upon the opposite party has been presumed to be sufficient on 26.11.2012 this Court is proceeding to decide the matter.

2. The defendant-revisionist has instituted this civil revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (in short ‘the Act, 1887’) to quash the order dated 28.07.2012 passed by Sri A.K. Pundir, ADJ, Court No.1, Jhansi in SSC Suit No.9 of 2011 by which he rejected the application 32(C) moved under Section 10 of Civil Procedure Code, 1908 (in short ‘CPC’) to stay the proceeding of the said suit.

3. In brief, facts of the case are that the plaintiff Smt. Indu Bajpayee filed an SCC Suit No.9 of 2011 against the revisionist-defendant on the ground that he is a defaulter tenant of house no.251 (present no.388) situated at Mohalla Itwari Ganj, Jhansi at the rate of Rs.1,500/- monthly rent. He has not paid the rent in spite of repeated demand since 12.11.2006. Nar Narayan Das Srivastava son of Sri Thakur Prasad @ Thakur Das was the owner of the house in suit from which she purchased land for a consideration of Rs.40,000/- and had obtained possession thereon and started payment of house tax etc. Rashan Card was also issued at the address of the house in question. Plaintiff's father-in-law had also died in this house and the plaintiff had also taken loan and repaid it. Later on plaintiff constructed her residential house in the area of Jar Pahad and had given the house in suit at the monthly rate of rent of Rs.1,500/-to the defendant. Sometimes defendant paid the rent but since 12.11.2006 he stopped to pay the rent. Hence, a notice on 11.12.2009 for demand of money and termination of tenancy was given and was sent and served upon the defendant which was replied mentioning false facts. At the time of issuance of notice there was arrears of four months' rent upon the defendant and he did not pay any rent to the plaintiff within one month from the date of receipt of notice. Apart from this the defendant refused to accept the plaintiff as owner of the house in suit. Thus, the defendant has committed the offence under Section 20(A) and (F) of the UP Act No.13 of 1972. Since the defendant has not paid rent and is a defaulter and has also refused the plaintiff to be land-lord, therefore, the defendant is liable to be evicted.

4. According to the plaintiff since 12.11.2006 to 11.12.2009, the rent of more than three years have become time barred and Rs.76,500/-rent for 51 months is due against the defendant. According to the plaintiff since 12.01.2011 Rs.2,000/-per month as damages is also liable to be recovered from the defendant. On the basis of cause of action valuing the suit and after giving court fees, the plaintiff has filed the suit for eviction and realization of unpaid amount of rent and for illegal use and occupation of house after expiry of the period of notice.

5. The defendant filed written statement and almost denied the averments made in the plaint and in addition to that has said that plaintiff is neither the owner of the house in suit nor the defendant is tenant at the rate of Rs.1,500/-per month of the house in suit. There is no relation of land-lord and tenant between the parties. The defendant is as owner and in possession since 2003. Earlier it was the house in dilapidated condition upon which plaintiff had taken loan and had pledged the house. Plaintiff and her husband said to the defendant to sell the house in suit. In furtherance to that the parties entered into an agreement to sell the house in suit for Ra.2,35,000/- out of which the defendant provided Rs.1,35,000/- in cash on 06.04.2003 and under the alleged oral agreement for sale he got the possession of the house in suit.

6. It was settled between the parties that plaintiff shall repay the loan of the bank and after taking the house back and after getting the rest of th