Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 2755 of 2018 Petitioner :- Zaheer Ahmad Respondent :- Babloo And 2 Others Counsel for Petitioner :- Brajesh Kumar Asthana
Hon'ble Mrs. Sangeeta Chandra,J.
1. This petition under Article 227 of the Constitution has been filed praying for a direction to the learned Court below to stay the proceedings of SCC Suit No. 1 of 2018 filed by plaintiff-landlord for arrears of rent and eviction before Judge, Small Causes Court till Suit No. 223 of 2017 is decided.
2. It has been submitted by learned counsel for petitioner that the petitioner had filed OS No. 223 of 2017 against respondents for permanent injunction that he my not be disturbed in his peaceful possession of the shop in question and he may not be dispossessed from the shop in question without adopting the due procedure in law. Thereafter, the landlords have filed a SCC Suit No. 1 of 2018 alleging that the petitioner has not deposited the rent since 2013 up to June, 2017 despite service of notice upon him to tender such rent.
3. This Court does not find any good ground to stay the proceedings in SCC Suit No. 1 of 2018 which has been filed for payment of arrears of rent, damages and eviction before the Court of competent jurisdiction. Only because the petitioner had earlier filed a suit regarding the same property asking for a permanent injunction not to be dispossessed from the shop in question without following the due procedure in law, the present petition is liable to be dismissed.
4. This petition is dismissed.
5. No order as to costs.
Order Date :- 24.4.2018 LBY