9911796707
TMI Blog1999 (10) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The facts leading to this revision petition may be stated briefly: The petitioner herein is the 2nd plaintiff in OS No.45 of 1995 which is filed by the petitioner along with his mother for specific performance of an agreement of sale dated 5-1-1995 alleged to have been executed by one K. Kasi Viswanatham, who figures as the first defendant in the said suit, in their favour agreeing to sell the plaint schedule property to them for a total sale consideration of three lakhs fifteen thousand. The said suit was filed on the allegations that on the date of the agreement, a sum of ₹ 65,000/- was paid by the plaintiffs by way of advance to the vendor and that it was agreed that the sale transaction should be completed by 5-5-1995. E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally inducted as tenants by the vendor and that after sale of the property they were attorned to respondents 1 and 2 and they committed wilful default in payment of the rents and also on the ground that the building is bona fide required for personal occupation. The petitioner herein figures as the fourth respondent in the RCC whereas respondents 2 and 3 therein are his father and brother respectively and the first respondent is the firm of which they are the partners. The petitioner herein and the other respondents in RCC No.11 of 1995 are contesting the said eviction petition contending inter alia that respondents 1 and 2 have no title to the schedule building in view of the prior agreement of sale dated 5-1-1995 in favour of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry to order the stay of RCC No. 11 of 1995 as sought for. He further contended that it is not necessary that all the parties should be common in both the proceedings. 6. On the other hand, Sri K. Mallikharjuna Rao, learned Counsel appearing for the respondents has submitted that there is no connection whatsoever between the Rent Control proceeding and the suit and the scope of enquiry in both the proceedings is altogether different and that there is no question of any prejudice to the petitioner if RCC is not stayed as in the event of his ultimate success in the suit, the petitioner can recover possession of the property. The Counsel for the respondent also submitted that the application under Section 10 CPC is not maintainable and the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roposition that even if Section 10 CPC does not in terms apply there is no legal impediment for invoking the underlying principle where the questions substantially in issue in both the proceedings are one and the same by invoking the inherent powers under Section 151 CPC. The Division Bench judgment reported in Amrutlal v. The Principal Rent Controller, Hyderabad and another, AIR1982SC83 supra which is directly in point dealing with the power of the Rent Controller to stay the proceedings before him is binding on me. Even assuming that the power under Section 151 CPC clan be invoked, I am of the view that on the facts of the present case, there are no valid grounds to stay the Rent Control proceedings till the disposal of the civil suit as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eviction of the tenants without going into the other questions. So the scope of enquiry in the two proceedings is altogether different. In fact in the decision reported in Menta Suhbaramayya and another v. Batchu Narasimha Swamy and another (supra) it is held: When a particular procedure is laid down in the Rent Control Act itself, in case of denial of title provisions of Civil Procedure Code i.e., Section 10 or 151 are not applicable. The provisions of Section 10 (6) of the Rent Control Act are mandatory. The Rent Controller has no option to proceed in any other manner stated in Section 10 (6) in case of denial of landlord's title by the tenants. If the Rent Controller is of the opinion that the denial of landlord's title is b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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