KRISHNA KUMAR DAMANI Vs. RAMNARAIN AGARWAL

JUDGEMENT

(1.) This application under Clause 13 of the Letters Patent, 1865 and Section 24 of the Code of Civil Procedure, 1908 seeks, inter alia, withdrawal of Title Suit No. 60 of 1982 (Shri R. N. Agarwal v. Shri Krishna Kumar Agar-wal) from the Court of 3rd Subordinate Judge. Alipore, for being tried subse-quent to the disposal of the petitioner's prior suit being No. 51 of 1982 (Krishna Kumar Agarwal v. Ramnarain Agarwal and Ashoka Housing Corporation) now pending for disposal in the Original Side of this Court.

(2.) In the earlier suit being No. 51 of 1982 instituted in this Court on January 28, 1982 the plaintiff sought the following reliefs.

(3.) It appears that by a letter dated February 1, 1982 the Respondent No. 1 (plaintiff in the Alipore proceedings) was intimated of the filing of the aforesaid suit and thereafter on March 20, 1982 as absolute owner of the self-same suit premises he caused Title Suit No. 60 of 1982 to be instituted in the Court of the third Subordinate Judge, Alipore, inter alia, for eviction of the petitioner both on the ground of default in payment of rent, and reasonable requirement of the landlord for his own use and occupation and accordingly, sought a decree for 'Khas' possession and mesne profits proceedings on the basis that the defendant. Krishna Kumar Damani (plaintiff herein) was inducted by him as a tenant in the suit premises.