AHIM MITTER Vs. KAMAL KUMAR CHOUDHARY

JUDGEMENT

(1.) This is an application under Clause XIII of the Letters Patent, 1865 seeking transfer of Title Suit No. 1675 of 2018 (Kamal Kumar Choudhary vs. Amar Nath Mitra & Ors.) pending before the Learned Third Bench, City Civil Court at Kolkata to this Hon'ble Court for analogous hearing and disposal along with CS 90 of 2019 (Ahim Mitter & Ors. vs. Kamal Kumar Choudhary) pending before this Hon'ble Court.

(2.) Learned advocate appearing for the petitioner submits that, CS 90 of 2019 is a suit for eviction of the defendant therein inter alia on the ground of expiry of the lease, and unauthorised addition and alternation made by the defendant. He submits that, the defendant in the suit pending before the High Court filed a suit being Title Suit No. 1675 of 2018 claiming renewal of the lease. He submits that, if the two suits are allowed to continue in two forai, the same will give rise to conflict in judicial decisions. Therefore, he submits, the Title Suit No. 1675 of 2018 be transferred to this Hon'ble Court for expeditious disposal.

(3.) Learned advocate appearing for the respondent submits that, Title Suit No. 1675 of 2018 was filed earlier in point of time than the present suit. Issues in such suit were settled. That suit is otherwise ready for hearing. Therefore, this Court should consider transferring the suit pending before this Court to the learned City Civil Court at Kolkata for trial.