OM PRAKASH AGRAWAL Vs. SUSHILA DEVI AGRAWAL

JUDGEMENT

(1.) Heard counsel on behalf of step revisionist Mr. Tara Kant Jha, Senior counsel assisted by Mr. Shobha Nath Jha and counsel for the opposite party Mr. S.D. Sanjay.

(2.) Plainly the issues in the present revision are that whereas the revisionist accepted that he is a tenant in one of the portions of the building yet the parties are not at issues that another proceedings as Title Suit No. 82 of 1997 in which relief for partition has been prayed is pending and the parties are at issues for a partition within the family which hitherto is a Hindu Undivided Family. The situation apparently has been complicated. The issues are between the members of the family on the property of a gift given to the opposite party who happens to be none other than the wife of the brother of Om Prakash Agrawal, the revisionist. Whereas given an occasion the opposite party Smt. Sushila Devi would like eviction of Om Prakash Agrawal from certain portion of the building but if the partition of the property were decreed the possibility cannot be ignored that a stage may arrive that the tenant may not need to be evicted. is accepted that the property has been a family property and the parties litigating are all members of the same family.

(3.) In the present proceeding the balance of convenience, thus, would be met with the situation mitigated by an order of this Court that while in the Eviction Suit No. 3 of 1997 the opposite party may have her rent which was hitherto be paid to her or be deposited before the Court where Eviction Suit No. 3 of 1997 is pending, this suit may remain stayed subject to the decision of the Title Suit No. 82 of 1997, which may be disposed of expeditiously.