IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15686 of 2010 1. RAVI SHANKAR SINGH S/O KRISHNA SINGH C/O LAKHAN TEA SHOP, DR. RAJENDRA PRASAD ROAD, KHALIFA BAGH, P.S.- KOTWALI, DISTT.- BHAGALPUR, PERMANENT R/O VILL.- KAIRIYA, P.S.- KAHALGAON, DISTT.- BHAGALPUR Versus 1. SMT. SHOBHA PRASAD W/O DR. BIJOY PRASAD R/O ALIGANJ, P.O.- MIRJANHAT, P.S.- MOJAHIDPUR, DISTT.- BHAGALPUR ----------- 2. 31.03.2011 Heard learned counsel for the petitioner. The petitioner is the tenant in Title Eviction Suit No. 10 of 1998, aggrieved by the order dated 5.8.2010, directing him to deposit the arrears of rent. The defence of the petitioner was that he was a tenant of the erstwhile landlord who had made an oral agreement for sale with him and taken certain advance payment. The original landlord without fulfilling the promise wrongly sold the premises in pursuance of which the present landlord claims ownership. The petitioner had filed Title Suit No. 216 of 1997 against the erstwhile landlord for specific performance of contract and which was still pending. The trial Court noticing the same has rightly come to the conclusion after noticing the facts that the petitioner could not stay in the tenanted premises without payment of rent. Whether the 2 person who has filed the eviction suit against him or whether the original landlord is entitled to the rent and its arrears has rightly been deferred till the conclusion of the eviction suit restraining withdrawal of such deposit till disposal of the suit. The Court finds no error in the order calling for interference. The application is dismissed. P. Kumar ( Navin Sinha, J.)