1971 (7) TMI 160 - HC - Indian Laws

Rent Controller's Stay Order Overturned in Rent Control Proceedings

The Subordinate Judge set aside the Rent Controller's order staying Rent Control Petitions until the partition suit's disposal. The court ruled that Civil ... - Issues:Rent Control Proceedings - Stay of Proceedings - Applicability of Civil P.C.Analysis:The judgment involves three Civil Revision Petitions challenging the order of the Subordinate Judge setting aside the Rent Controller's order staying the Rent Control Petitions until the disposal of a partition suit. The petitioners, tenants, contested eviction by the landlords who claimed the building for business purposes after purchasing it. The tenants alleged the sale deed was sham. The petitioners sought a stay based on a partition suit filed by a third party claiming joint ownership. The Rent Controller granted the stay, but the Subordinate Judge overturned the decision.The petitioners argued that the provisions of Civil P.C. should apply to Rent Control Proceedings, citing a previous case. However, it was acknowledged that Rent Controllers are not courts, and Section 10 of Civil P.C. applies only to suits, not proceedings. The court clarified that Section 10 requires both suits to be pending in courts with concurrent jurisdiction, which was not the case here. The subject matter of the Rent Control and partition suit differed, so Section 10 was deemed inapplicable.Additionally, the court highlighted that inherent powers under Section 151 of Civil P.C. cannot be invoked when specific procedures are outlined, as in the Rent Control Act. The Act mandates the Rent Controller to determine the bona fides of tenant claims regarding landlord's title. The petitioners did not claim ownership or permanent tenancy, and as they had paid rent post-sale, they were estopped from denying the landlord's title. The Rent Controller's decision to stay proceedings was deemed erroneous.Lastly, the court emphasized the balance of convenience favored the landlords, as Rent Control proceedings are meant to be expeditious compared to lengthy partition suits. Staying the proceedings until the partition suit's conclusion would be unjust. Therefore, the revision petitions were dismissed, upholding the Subordinate Judge's decision to set aside the stay order.In conclusion, the judgment clarifies the distinction between suits and proceedings under Civil P.C., the limitations of Rent Controller's powers, and the importance of balancing convenience in deciding stay orders in Rent Control cases.