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Issues: (i) whether Section 10 and Section 151 of the Code of Civil Procedure applied to stay rent control proceedings pending a partition suit; (ii) whether the Rent Controller could grant stay or had to act under the special procedure under Section 10(6) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act.
Issue (i): whether Section 10 and Section 151 of the Code of Civil Procedure applied to stay rent control proceedings pending a partition suit.
Analysis: Section 10 applies only where both proceedings are suits and where the prior court has concurrent jurisdiction over the relief claimed in the later proceeding. Rent control proceedings before the Rent Controller are not suits, and the Rent Controller is not a court. The issues in the partition suit and the eviction proceedings were also not identical, since the title dispute and the question of eviction did not directly and substantially arise in the partition suit.
Conclusion: Section 10 did not apply, and Section 151 could not be used to grant a stay on that basis.
Issue (ii): whether the Rent Controller could grant stay or had to act under the special procedure under Section 10(6) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act.
Analysis: Where the special rent control statute provides a specific procedure for dealing with denial of the landlord's title, that procedure is mandatory and excludes recourse to general procedural provisions. Inherent powers cannot be invoked to override the statutory scheme, and rent control proceedings are intended to be disposed of expeditiously.
Conclusion: the Rent Controller had no authority to stay the proceedings under Sections 10 or 151 of the Code of Civil Procedure and had to proceed under the special Act.
Final Conclusion: the revision petitions failed, and the order setting aside the stay and directing the Rent Controller to decide the rent control petitions on merits stood affirmed.
Ratio Decidendi: General procedural provisions for stay do not apply to rent control proceedings where the statute prescribes a special and mandatory mechanism, and Section 10 of the Code of Civil Procedure applies only to suits between courts of concurrent jurisdiction.