AMIRUZZAMAN @ MD.AMIR Vs. MANIK CHAND BINAKIA

JUDGEMENT

(1.) MR . R.K. Agrawal, learned counsel appears and files power on behaif of opposite parties No.1 and 2.

(2.) HEARD Mr. Rashid Alam, learned counsel for the petitioners and Mr. R.K. Agrawal, learned counsel appearing for opposite parties no.1 and 2. The defendants -petitioners are aggrieved by the order dated 23.12.2008 passed by the Munsif 1st, Kishanganj, in Eviction Suit No. 1/2000.

(3.) LEARNED counsel for the petitioners submits that the defendants -petitioners have filed written statement and have refuted the statement made in the plaint that there exists a landlord -tenant relationship between the plaintiff and the defendants. He further submits that Title Suit No. 1/2000 was filed by the defendants -petitioner No.3 for specific performance of contract and the plaintiff and others are defendants therein. However, the aforesaid title suit was dismissed and Title Appeal No. 13/2004 has been preferred by these defendants -petitioners, which is pending before the District Judge, Purnea. In view of the above, it is contended that it is a fit case for consolidation and joint hearing of both the cases together.