Law:

Section:

Practice-Suit by one party pending in Revenue Court, while suit of other party pending in Civil Court-Parties and subject- matter of suits same-Proceedings in Revenue Court stayed on condition that defendant in Revenue Court should deposit amount claimed by plaintiff in Court.   ORDER   This is a revision filed against an order, dated the 13th of February 1965, passed by Additional Commissioner (Revenue) who, while exercising the powers of a Commissioner set aside the orders passed by the Assistant Collector, 1st Grade, and directed that the proceedings for the ejectment of and recovery of arrears of rent from the respondents be stayed pending the decision of the Civil Court on the question of title.   The facts of the case are that the petitioner brought a suit for the ejectment of, and realization of arrears of rent, from the respondents. The respondents denied that there existed any relationship of landlord and tenant between the parties and stated that they had already filed a civil suit for the determination of the question of title. It was prayed that the proceedings in the revenue Court might be stayed. This, request was rejected by the Assistant Collector, I Grade.- The respondents filed a revision before the Additional Commissioner who passed the order mentioned above.   I have heard the learned counsel for the parties. So far as the direction for instituting, within the prescribed period, a suit in the Civil Court is concerned, the provisions of section 70 of the N.-W. F. P. Tenancy Act, 1950 are quite clear. There is no provision, however, which would be directly applicable to cases where a Civil suit in the Civil Court has already been filed. In this particular case, I find that one party had gone to a Revenue Court and the…