Monjula Bose, J. - (1.) This application under Clause 13 of the Letters Patent, 1865 and Section 24 of the Code of Civil Procedure, 1908 seeks, inter alia, withdrawal of Title Suit No. 60 of 1982 (Shri R. N. Agarwal v. Shri Krishna Kumar Agar-wal) from the Court of 3rd Subordinate Judge. Alipore, for being tried subse-quent to the disposal of the petitioner's prior suit being No. 51 of 1982 (Krishna Kumar Agarwal v. Ramnarain Agarwal and Ashoka Housing Corporation) now pending for disposal in the Original Side of this Court.
(2.) In the earlier suit being No. 51 of 1982 instituted in this Court on January 28, 1982 the plaintiff sought the following reliefs. (a) A declaration that the plaintiff is a nominee of the first defendant for the purchase of Flat No. 8B and Garage No. 8B at Ashoka at 111. Southern Avenue. Calcutta, more fully described in Annexure "A" to the plaint: (b) a decree for specific performance of agreements for sale dated October 10, 1975 and May 13, 1977. entered into between the first defendant and the second defendant by executing and registering an appropriate conveyance in respect of the said premises in favour of the plaintiff as the nominee of the first defendant: (c) in the alternative, an appropriate conveyance to be executed and registered by the second defendant in favour of the first defendant in respect of the said premises and the first defendant be directed to execute and register an appropriate conveyance in respect thereof in favour of the plaintiff in specific performance of the Agreement for Sale between the plaintiff and the first defendant entered into on or about May 23, 1980: (d) attachment: (e) receiver; (f) injunction; (g) costs: and (h) further and/or other reliefs.
(3.) It appears that by a letter dated February 1, 1982 the Respondent No. 1 (plaintiff in the Alipore proceedings) was intimated of the filing of the aforesaid suit and thereafter on March 20, 1982 as absolute owner of the self-same suit premises he caused Title Suit No. 60 of 1982 to be instituted in the Court of the third Subordinate Judge, Alipore, inter alia, for eviction of the petitioner both on the ground of default in payment of rent, and reasonable requirement of the landlord for his own use and occupation and accordingly, sought a decree for 'Khas' possession and mesne profits proceedings on the basis that the defendant. Krishna Kumar Damani (plaintiff herein) was inducted by him as a tenant in the suit premises.;