DEO PRAKASH Vs. RUDRESHWAR PRASAD GRIYAGHEY

JUDGEMENT

(1.) THIS is an application by tenant from an Eviction Suit against an order by which his application purporting to be in terms of Section 10 of Civil Procedure Code (In short "CPC") was rejected.

(2.) IT is submitted that the tenant-petitioner had filed a Title Suit as against his landlord-opposite party for a permanent injunction restraining him from interfering with his possession and/or dispossessing him otherwise than in due course of law. The landlord then filed this Eviction Suit. IT is submitted that as two suits are pending as between the two parties, by virtue of Section 10 of CPC, the latter suit should stay. This has not been accepted by the trial Court and his application has been rejected though on the ground that Eviction Suit is a proceeding under Section 14 of Bihar Buildings (Lease, Rent & Eviction) Control Act (In short ("BBC Act") and Section 10 of CPC will not apply.

(3.) WITH this observation, this application is dismissed.