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Judgment
Dr. Ravi Ranjan, J.—Mr. R.K. Agrawal, learned counsel appears and files power on behalf of opposite parties No. 1 and 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. 01/2000.
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. 01/2000 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 those 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.
I do not find any force into the submissions of the learned counsel for the petitioners. Apart from being cases of different nature, Title Suit No. 18/2000 already having been dismissed and the appeal thereof being pending, no question arises for consolidation of such appeal arising out of a suit for specific performance of contract and a suit filed by the landlord for eviction of a tenant.
Thus, this Court does not find any jurisdictional error in the impugned order dated 23.12.2008. As a result, this Civil Revision is dismissed.