JOKHAN SAH Vs. RAMAYAN RAM

JUDGEMENT

(1.) THIS revision application is barred by limitation. Having heard learned counsel for the petitioner and the averments made in the limitation petition the delay in tiling the same is condoned.

(2.) THE plaintiff in an eviction suit is aggrieved by the order of the court below, by which the court below has stayed the said suit on the ground of pendency of the second appeal in this Court involving question of title. In my view, the court below has committed jurisdictional error. The suit has been filed for eviction under the Special Act, namely, the Bihar Buildings (Lease, Rent and Eviction) Control Act, which provides for eviction on the ground mentioned therein. The said suit cannot be stayed due to pendency of the title matter between the parties. This apart, it appears that the defendants petitioners have lost in both the courts and now the same is pending in this Court. Staying the eviction suit for a longer period, on the ground of pendency of second appeal is this Court, will not serve the very purpose of the Special Act.