JUDGMENT 1. - This revision application has been filed against the order passed by the Addl. Munsiff No. 1. Udaipur on August 23, 1977, rejecting the application of the defendant for staying the proceedings in the suit under Section 10 of the Civil Procedure Code 2. Khushaldas filed a suit for fixation of standard rent and in that suit the defendant landlord took the pleas that the plaintiff was not the tenant in respect of the suit shop put one Rameshwar Lal was a tenant, who had sub-let the premises to the plaintiff Khushaldas without the consent of the land lord. Subsequently, the landlord Laxmilal filed a suit for ejectment and recovery of arrears of rent against Rameshwarlal and Khushaldas, in which the landlord took the same stand that Rameshwarlal was his tenant and Khushaldas was sub-tenant, who entered into the premises without authority. Khushaldas rietiriated his stand in this suit that he was the tenant of the plaintiff Laxmilal and was not a subtenant as alleged by the landlord. 3. Both the aforesaid suits are pending in the same court, namely, Addl. Munsiff No. 1, Udaipur and in both the suits one of the issues framed is as to whether Khushaldas was a direct tenant of the landlord Laxmilal. As the suit for fixation of standard rent was filed earlier in point of time, Khushaldas filed an application in the subsequent suit for ejectment and recovery of arrears of rent praying that the proceedings in the latter suit should be stayed pending the decision of the earlier suit between the parties, regarding fixation of standard rent. On August 23, 1977 the trial court deleted the issue mentioned above, which was framed in the suit for fixation of standard rent and that basis he also dismissed the application of Khushaldas for stay of proceedings in the subsequent suit on the ground that there was no longer any issue common to both the suits. It is against this order that the present revision application has been filed in this court. 4. During the pendency of this revision petition the trial court has again framed an issue in the suit for fixation of standard rent on February 12, 1979 with the consent of the opposite parties to the effect as to whether the plaintiff in that suit, namely, Khushaldas was a direst tenant of defendant No. 1 Laxmilal ?
4. During the pendency of this revision petition the trial court has again framed an issue in the suit for fixation of standard rent on February 12, 1979 with the consent of the opposite parties to the effect as to whether the plaintiff in that suit, namely, Khushaldas was a direst tenant of defendant No. 1 Laxmilal ? Now an issue has been framed again with the consent of both the parties, as it was found that it was necessary in the standard rent suit to decide the question as to whether Khushaldas was the tenant of the suit premises or not. Thus the aforesaid question is one which is directly and substantially in issue in both the suits one relating to fixation of standard rent and the other relating to eviction and recovery of arrears of rent. It appears from the record that on an application presented by Khushaldas in suit No. 157 of 1978 relating to ejectment and recovery of arrears of rent, the trial court passed an order on January 19, 1979 that the proceedings in suit No. 185 of 1974 relating to fixation of standard rent shall be taken along with the proceedings in the suit for ejectment and that both the suits shall be decided together. As one of the important issues in both the suits is common, namely, as to whether Khushadas was tenant of the suit promises, it would be proper to consolidate the two suits for the purpose of hearing, including the recording of evidence. 5. The revision application is, therefore partly allowed and the order passed by the trial court on August 23, 1977 is set aside. The trial court is directed to consolidate the two suits, No. 157 of 1978 and 185 of 1974 for the purposes of hearing, including the recording of evidence. However, the suits shall be decided by separate judgements but on the same day. The parties are left to bear their own costs.Order accordingly. *******