C.R. No.4300 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 05.08.2009 Ashu Mahajan .....Petitioner versus Amit Kumar and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Anil Chawla, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) This revision petition is directed by the tenant against the order dated 19.1.2009, passed by the Rent Controller, Amritsar, whereby the petitioner’s application under Section 10 CPC has been dismissed. The first respondent-landlord has filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, seeking eviction of the petitioner-tenant from the demised premises, inter- alia, on the grounds that he requires the demised premises for his own use and occupation. On receipt of notice, the petitioner-tenant filed an application under Section 10 CPC seeking stay of eviction petition, on the ground that there is another pending ejectment petition, filed by the respondent-landlord on the ground of non-payment of rent, in which the petitioner-tenant has disputed the relationship of landlord and tenant, as C.R. No.4300 of 2009 2 according to the petitioner, instead of him, his father (respondent No.2) is the tenant. The petitioner contended that since the issue as to whether or not there exists relationship of landlord and tenant between him and the first respondent is pending consideration in the previous eviction petition, the second petition wherein he has again raised the same objection, is liable to be stayed. The Rent Controller has dismissed the application of the petitioner-tenant and rightly so after observing that the grounds of ejectment in both the petitions are different as the plea that he requires the demised premises for his own use and occupation, has not been taken by the landlord in the previous ejectment petition. The issues involved in both the eviction petitions are not directly or substantially similar. The revision petition stands dismissed 05-08-2009 (SURYA KANT) Mohinder JUDGE