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Smt. Mohani Devi vs Sh. Gokal Chand And Anr. on 13 September, 1990

In later judgment in Smt. Mohani Devi v. Goka Chand1 (supra), G. C. Mital, J held that proceedings under Section 13 of the Act are not liable to be stayed at the behest of the tenant who otherwise also is not justified to file an interpleader suit in view of bar of order 35 Rule 5 C. P. C. 12 Even otherwise, the Rent Controller in the pending eviction application is firstly to decide the relationship of landlord and tenant between the parties and it is only thereafter that question of non- payment of rent and its effect would arise. Purpose of application for seeking stay of the proceedings in view of pendency of interpleader suit is solely to prolong the final adjudication of the Rent Application, Resultantly the revision petition is without merit. The same is accordingly dismissed. No costs.
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