RADHA DEVI Vs. DEEP NARAYAN MANDAL

JUDGEMENT

(1.) Leave granted.

(2.) I.A. 1 of 2000 is allowed.

(3.) The Appellant herein purchased the premises in dispute by registered sale deed on 5th December, 1973. According to the Appellant she, in the year 1991, let out the premises to the Respondents on rent. It is alleged that a dispute arose between the Appellant and the Respondents when the Appellant called upon the Respondents to vacate the premises. It is further alleged that under such circumstances, the Respondents filed a Title Suit No. 71/98 for declaration and partition that the property of which they are tenants is a joint family property and, as such, they have 1/3rd share in it. Since the Appellant required the premises for her bona fide need she filed a suit for eviction of the Respondents u/s 14 of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'Bihar Act'). Subsequently, in the said Eviction suit, the Respondents filed an application u/s 10 CPC for staying the proceedings in Eviction Suit till the disposal of the Title Suit filed by them in the Civil Court. The learned Munsiff allowed the said application and stayed the proceedings of the Eviction Suit. The Appellant thereafter preferred a revision before the High Court, but the same was dismissed. It is against the said order the Appellant has filed the instant appeal by way of special leave petition.