Code of Civil Procedure, 1908–Secs. 10, 151 & 11–Specific Relief Act, 1963–Rajasthan Rent Control Act, 2001–Sec. 9–Dismissal of application u/s. 10/151 CPC–Appreciation of–In the suit for specific performance, counter-claim was filed on the ground to termination of tenancy vide the notice dated 21.01. 2013–Application for eviction before the Rent Tribunal was filed on different grounds like material alterations–Cause of actions in both proceedings are different and the principle of res-judicata does not operate–Further, there would be no possibility of passing of conflict decrees–Held, no scope is made out for interfering in the impugned order passed by Tribunal.
