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Om Prakash Khadaria vs. Navratan Mal & Ors.

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Code of Civil Procedure, 1908–Sec. 10–Rajasthan Premises (Control of Rent & Eviction) Act, 1950–Transfer of Property Act, 1882–Sec. 106–Application for stay of subsequent suit–Allowed–Justification–Earlier, suit was filed under the provisions of Act of 1950 in which second appeal is pending–After repealing of Act, plaintiff terminated the tenancy by giving the notice and filed the suit u/s. 106–Both the suits have been filed on separate cause of action–Held, application u/s. 10 was wrongly allowed.