R.K. Merathia, J. - (1.) IN this writ application, petitioner has challenged the order dated 19.2.2009 passed by learned Subordinate Judge -V, Jamshedpur in Eviction Suit No. 112 of 1997 rejecting the application dated 13.1.2009 praying for production of original allotment letter issued on 10.9.2008 for comparing with the signature of Late Raj Kumar (father of the parties) in alleged gift deed dated 26.5.1990.
(2.) REFERRING to paragraph -9 of the plaint, Mr. Ayush Aditya, appearing for the petitioner, submitted that according to the plaintiff -respondent No. 1, petitioner -defendant No. 2 was permitted to occupy the suit premises by father of the petitioner and plaintiff i.e. Late Raj Kumar on leave of license and therefore, it was necessary to compare the signature of late Raj Kumar in the gift deed with the signature in the allotment letter, in order to decide the controversies between the parties. On the other hand, Mr. P.A.S. Pati, appearing for the respondent No. 1, submitted that this suit was filed in the year 1997 for eviction but the defendant -petitioner is delaying the disposal of the suit on one or other ground. He further submitted that the petitioner had filed a suit in the year 1999 being Title Suit No. 94 of 1999 challenging the gift deed, in question and therefore, the genuineness of the gift deed is subject matter of 1999 suit and the learned trial court has rightly held that such disputes cannot be decided in the present suit.
(3.) ON this Mr. Ayush Aditya referred to the order dated 17.2.2006 passed in W.P.(C) No. 6239 of 2005, which reads as under: A suit being Eviction Suit No. 112 of 1997 was filed against the petitioner for his eviction from the suit property. After two years, the petitioner filed Title Suit No. 94 of 1999 seeking a declaration that the deed of gift -dated 26.5.1999 is forged and fabricated. The petitioner thereafter filed an application under Section 24 of the Code of Civil Procedure before the District Judge, Jamshedpur for transfer of both the suits in one Court. The District Judge by order dated 1.3.2005 allowed the application and both the suits have been transferred to the Court of Sub -ordinate Judge -V, Jamshedpur for disposal. Again another petition has been filed by the petitioner for analogous hearing of the suits, which has been rejected by the impugned order. Admittedly, the two suits are of different nature i.e. one for eviction and another for declaration of title. In my view, the Court below has committed no error in rejecting the petition for analogous hearing of the suits. However, it is desirable that the court below shall dispose of the two suits, one after another, taking the old suit first and the subsequent suit thereafter. This petition is, accordingly, disposed of.;