Short Note : It is an admitted position that the sale-deed was executed in favour of the applicant Kalyan Singh so also a rent note. A custom has been pleaded by the non-applicant that in a similar situation in a transaction of loan a deed of re-conveyance is excuted. It is further alleged that the applicant did not perform his part of the contracts for re-conveyance of the property. Held : It is apparent that the scope of both the suits are different and the matter could not be held to be substantially and materially in issue in both the suits. The material issue in the earlier suit would be whether there was a contract of tenancy between the parties. In the other suit the material issue would be to the existence of the contract of re-conveyance and its enforceability. In view of these facts the lower Court wrongly ordered the stay of the civil suit for ejectment. Revision allowed, order set aside. Lekhraj Diddi v. Sardar Sawan Singh, 1977 JLJ 545 and Trivenidas Naraindas v. Vijay Mohan Rose, 1976 MPLJ 163 followed.