BRIJ MOHAN Vs. POORAN LAL

JUDGEMENT

(1.) THIS is a revision against the order under section 10 C.P.C. by which the eviction suit has been stayed until the decision of the title suit.

(2.) PETITIONER Brij Mohan instituted civil suit No. 2 -A of 1991 on 15.3.1991 in the Court of Additional District Judge Narsinghpur against Pooranlal and four others for declaration that he is owner of the house in Gandhi Ward, Kandeli, Narsinghpur and for permanent injunction for restraining defendants no. 2 and 3, Kamla Pande and Usha Pande from selling this house or any portion thereof to defendant no. 1 Pooranlal. Thereafter on 6.5.1991 Brij Mohan filed civil suit no. 2 -A of 1991 in the Court of Second Civil Judge, Class II, Narsinghpur against Pooranlal for eviction under section 12 (1) (c) of the M.P. Accommodation Control Act, 1961 on the ground of disclaimer of his title. According to the plaintiff Pooranlal in his tenant since May 1986 and he was paying rent to him upto November 1990. The title Suit was filed as Pooranlal started asserting that the' house belongs to Kamla Pande and Usha Pande and he was intending to purchase it from them.

(3.) NOTICE of the revision petition was issued to the respondent. It was served upon him on 1.6.1995 but none appeared for him. He was proceeded exparte.