IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.584 of 2009 MD.ISLAM, Son Of Late Md.Yunus, Resident Of Village- Mokinpur, Miyanchak, P.S. Town, District- Begusarai. …….. Petitioner Versus MD.AZIM KHAN, Son Of Late Md.Shameer Khan, Resident Of Village- Mokinpur, Miyanchak, P.S. Town, District- Begusarai. ……. Opp.Party ----------- 3. 24/04/2009 Assuming that the defendant, the alleged tenant has a bonafide and genuine claim of title to the property from which he is sought to be evicted in an eviction suit, it cannot be held that his petition before the court below for converting the eviction suit into a proper title suit is bound to be allowed. If the court does not exercise its discretion to convert the eviction suit into title suit, the defendant has an alternative remedy to file appropriate title suit for declaration of his title and for taking steps for hearing of both the suits together. In view of this legal position, learned counsel for the petitioner seeks permission to withdraw this revision application to enable the defendant-petitioner to file an independent title suit for declaration of his title to the property from which he is sought to be evicted. - 2 - Prayer is allowed. This application is permitted to be withdrawn with the aforesaid liberty. Pradeep/ (J. N. Singh, J.)