1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. CIVIL WRIT PETITION NO.9240/2009 Suresh Kumar and others Versus Smt.Krishna Goyal and another DATE OF ORDER --- September 07,2009 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.R.D.S.Naruka, for the petitioner Mr.Amar Chand Goyal, for the respondent BY THE COURT (1) Heard learned counsel for the parties. (2) By this writ petition, the petitioners have challenged the order dated 13.5.2009 whereby the application under Order 14 Rule 5 CPC for deciding the issue of title on the ground that litigation is pending in this regard, has been rejected. The Rent Tribunal, after considering the said application, gave categorical finding that in the civil suit for eviction Ms.Krishna Goyal was tenant of Kailash Chand (presently represented by the legal heirs i.e. the petitioners in this case), therefore, in the eviction suit, the application for deciding the title is not maintainable. (3) Submission of counsel for the petitioners is that it is essential to decide the issue of title. (4) Counsel for the respondent submits that the law is well settled that in eviction matter, title is not to be decided. (5) I have gone through record of the writ petition and further considered submission of counsel for the parties. 2 (6) The law on the point is well settled that in eviction matter, title is not to be decided. Therefore, I find no force in the writ petition. The same is dismissed. (Prem Shanker Asopa) J. G