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Rajendra Singh Yadav v. D.J.Mainpuri & Others - WRIT - A No. 43751 of 2000  RD-AH 9624 (16 May 2006)
Civil Misc. Writ Petition No. 43751 of 2000
Rajendra Singh Yadav
District Judge, Mainpuri and others
Hon'ble Krishna Murari, J,
Heard Sri Y.K. Srivastava, leanred counsel for the petitioner, Sri K.P. Bajpai and Sri D. Chaturvedi appearing for the respondent no. 3.
Challenge in this writ petition has been made to the order dated 4.12.1999 and revisional order dated 7.2.2000 rejecting the application filed by the petitioner for staying the JSCC Suit filed against him by the respondent-landlord on the ground that an earlier suit for injunction is pending and the issue involved for adjudication namely the title of the respondent no. 3 is the same in both the cases. The trial court dismissed the application filed by the petitioner on two grounds. Firstly, an earlier application to the same effect filed by him has been dismissed and secondly, the nature of the two suits are entirely different.
The revisional court dismissed the revision on the ground that in the present suit only relationship of landlord and tenant is to be adjudicated and the question of deciding title is outside the purview of the JSCC Suit and hence the present suit is not liable to be stayed under Section 10 C.P.C.
Once an application to the same effect was dismissed and the petitioner allowed the said order to become final, it was not open for him to have moved the present application on the same ground. The trial court rightly dismissed the application of the petitioner. Secondly, it is well settled that the Courts cannot enter into the question of title in a JSCC Suit and what is to be seen is only the relationship of landlord and tenant between the parties.
In view of above, I find no illegality in the impugned judgments of the Courts below. The writ petition accordingly fails, and is dismissed.
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