Ahim Mitter & Ors vs Kamal Kumar Choudhary

Debangsu Basak, J

The Court : This is an application under Clause XIII of the Letters Patent, 1865 seeking transfer of Title Suit No. 1675 of 2018 (Kamal Kumar

Choudhary vs. Amar Nath Mitra & Ors.) pending before the Learned

Third Bench, City Civil Court at Kolkata to this Hon’ble Court for analogous hearing and disposal along with CS 90 of 2019 (Ahim Mitter & Ors.

vs. Kamal Kumar Choudhary) pending before this Hon’ble Court.

Learned advocate appearing for the petitioner submits that, CS 90 of 2019 is a suit for eviction of the defendant therein inter alia on the ground of

expiry of the lease, and unauthorised addition and alternation made by the defendant. He submits that, the defendant in the suit pending before the

High Court filed a suit being Title Suit No. 1675 of 2018 claiming renewal of the lease. He submits that, if the two suits are allowed to continue in two

forai, the same will give rise to conflict in judicial decisions. Therefore, he submits, the Title Suit No. 1675 of 2018 be transferred to this Hon’ble

Court for expeditious disposal.

Learned advocate appearing for the respondent submits that, Title Suit No. 1675 of 2018 was filed earlier in point of time than the present suit. Issues

in such suit were settled. That suit is otherwise ready for hearing. Therefore, this Court should consider transferring the suit pending before this Court

to the learned City Civil Court at Kolkata for trial.

In response, learned advocate appearing for the petitioner submits that, the suit pending before the High Court is also ready for hearing. Written

statement was filed in the suit.

In the facts of the present case, there are two suits pending between the parties relating to a Deed of Lease. The petitioner herein seeks eviction of

the respondent in CS 90 of 2019 which is pending before this Court. The suit is ready for hearing.

There is another suit filed by the respondent herein before the Learned City Civil Court at Kolkata being Title Suit No. 1675 of 2018 (Kamal Kumar

Choudhary vs. Amar Nath Mitra & Ors.). In such suit, the respondent as the plaintiff claims renewal of the Deed of Lease. Such suit is also ready for

hearing in the sense that the Court framed the issues in such suit.

In the event, the two suits are allowed to continue in two different forai, there is every likelihood of conflict in judicial decisions. The suits are between

the same parties. Same set of evidence are likely to be adduced. Since the suit pending before the Hon’ble Court is ready for hearing, in my view,

interest of justice would be subserved by transferring Title Suit No. 1675 of 2018 (Kamal Kumar Choudhary vs. Amar Nath Mitra & Ors.) pending

before the Learned Third Bench, City Civil Court at Kolkata to this Hon’ble Court for disposal.

Since the Court did not invite the parties to file affidavits, allegations made in the application are deemed to be denied by the respondent.

ALP No. 7 of 2020 is disposed of without any order as to costs.