Over 2 lakh Indian cases. Search powered by Google!

Case Details

RAJENDRA SINGH YADAV versus D.J.MAINPURI & OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Rajendra Singh Yadav v. D.J.Mainpuri & Others - WRIT - A No. 43751 of 2000 [2006] RD-AH 9624 (16 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 43751 of 2000

Rajendra Singh Yadav

Versus

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.

Dt.16.5.2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.