performance. I have gone through the recitals of the agreement with the assistance of the counsel under Annexure P-10. This document is said to have been denied by the respondent-plaintiff but even if the document were to be taken as true at its face value, there is no recital anywhere in the agreement that the jural relationship of landlord and tenant is put to an end. Only an agreement to sell will not ipso facto deny to a landlord a right of ejectment in accordance with law, so long as a change in circumstance has not occurred with a transfer of title by the landlord in favour of the tenant. An agreement of sale does not create a transfer of title and therefore, there could be no stay of proceedings till the conclusion of suit for specific performance. The action for ejectment will have to proceed but it will be always subject to the ultimate relief which the petitioner obtains in his own suit for specific performance. The suit for specific performance invariably has also the implicit prayer for a recovery of possession and he will be entitled to secure the possession of property if he is successful. There cannot be stay of proceedings at his instance.
