Zhantu Haldar @ Zantu Haldar vs Malay Biswas & Ors

The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for recovery of possession of the suit property and is directed against the Order No. 19 dated February 16, 2016 passed by the learned Civil Judge (Senior Division) at Siliguri in Title Suit No. 116 of 2012.

The petitioner has filed Title Suit No. 116 of 2012 for recovery of possession of the suit property from the opposite parties describing them as licensees under the petitioner.

The opposite party Nos. 2 and 3 filed Title Suit No. 32 of 2012 against the petitioner seeking specific performance of the agreement for sale of the suit property claiming that the petitioner has entered into the said agreement for sale with them and pursuant to the said agreement they have been put into possession of the suit property.

The petitioner in his suit i.e. Title Suit No. 116 of 2012 filed an application under Section 10 of the Code of Civil Procedure Praying stay of all further proceedings of his suit till the disposal of the Title Suit No. 32 of 2012 filed by the opposite party Nos. 2 and 3.

The learned Trial Judge dismissed the said application of the petitioner on the ground that in spite of having knowledge of the pendency of Title Suit No. 32 of 2012 the petitioner has filed the Title Suit No. 116 of 2012.

Mr. Roy, learned advocate for the petitioner and Mr. Talukdar, learned advocate for the opposite parties jointly submitted that the Title Suit No. 32 of 2012 has reached the stage of preemptory hearing.

Heard the learned advocate for the parties perused the materials on record.

The opposite party Nos. 2 and 3, the plaintiffs of the suit for specific performance are claiming that they have been put into possession of the suit property pursuant to the agreement for sale entered into by and between the said opposite parties and the petitioner. In the event the opposite party Nos. 2 and 3 succeed in their suit for specific performance of the said agreement for sale of the suit property i.e. Title Suit No. 32 of 2012 the suit filed by the petitioner for their eviction from the suit property would become infructuous. But it is always open for the petitioner, the plaintiff of the Title Suit No. 116 of 2012 to proceed with his suit in the event of dismissal of Title Suit No. 32 of 2012. In other words the decision of the Title Suit No. 116 of 2012 is dependent upon the outcome of the Title Suit No. 32 of 2012.

In view of the aforesaid position of the matter, the order impugned is set aside.

All further proceedings of Title Suit No. 116 of 2012 pending before the learned Civil Judge (Senior Division) at Siliguri be stayed till the disposal of the Title Suit No. 32 of 2012 pending before the selfsame Court.

With the above observation, C.O. No. 1201 of 2016 is allowed.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.