ANANT RAM Vs. MAHESH PRASAD THATHERA

JUDGEMENT

(1.) This is a plaintiffs' application against an order dated 12-10-82 by which the court below has stayed further proceedings in Title Suit No. 13 of 1981 till the disposal of First Appeal No. 424 of 1982 pending in this Court.

(2.) Defendant No. 2 had filed Title Suit No. 48 of 1980 in the court of Additional Sub. Judge I, against the present plaintiff-petitioners and the original owner of the house in question through whom the defendant No. 2 (plaintiff in Title Suit 48 of 1980) and the present plaintiff-petitioner claim title in the subject matter. Title Suit 48 of 1980 filed by defendant No. 2 was a suit for specific performance, of contract on the basis of baibeyana. That title suit which was filed earlier was dismissed. The plaintiff of that suit (defendant No. 2 in the present suit) has preferred First Appeal 424 of 1982 in this Court which is pending.

(3.) The present plaintiffs-petitioners filed Title Suit 13 of 1981 and admittedly this was a subsequent suit. This suit filed by the petitioners is against defendants-opposite party and the petitioners had prayed for eviction of the defendants on the ground of arrears of rent and also on the ground of personal necessity. The plaintiffs-petitioners claim to have purchased the house in question through two registered sale deeds dated 20-5-80 from one Paras Nath, the original owner of the house. The defendants-opposite party were already there in the house as tenants from before the purchase by the petitioners of the house in question. The petitioners' case in the present suit is that by purchase of the house the petitioners became the landlords and as they needed the house for their personal necessity and as the defendants-opposite-party defaulted in payment of rent, the petitioners were compelled to file the instant suit, as the defendants-opposite-party did not vacate the suit premises.