IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1333 of 2006 AMIR HASSAN ANSARI & ANR Versus KASIM ANSARI & ANR ----------- 2 30.07.2008 Heard counsel for the parties. In the opinion of this Court, the impugned order dated 22.6.2006 is patently not only illegal but also amounts to a clear infringement of the safe guards under B.B.C Act which would require every eviction suit to be normally disposed of as eviction suit. This Court fails to understand as to how after 11, years the Court below could pass the impugned order directing the petitioners to convert the eviction suit into title suit. If that was so required, it could have been done at the initial stage at the time of screening of the plaint and entertaining the suit. In such circumstances, it appears to this Court that the impugned order is merely a device of the Court below to explain that it could not dispose of an eviction suit for a long period of 11 years. This Court is thus wholly dissatisfied with the approach of the Court below passing the impugned order dated 22.6.2006. At this stage, counsel for the opposite parties very fairly submitted that he cannot support the impugned order but then by a subsequent event this - 2 - Civil Revision application itself has been rendered infructuous inasmuch as the petitioner has already filed another suit being Title Suit No.431 of 2006 seeking declaration of the title for the premises in question, which is the subject matter of the Eviction Suit N. 10 of 1995. Be that as it may, the impugned order even then cannot be allowed to stand and therefore, the same must be and is hereby set aside. In view of the fact that now two suits, one for the eviction and other for declaration of title at the instance of the petitioner is pending in two different Courts, this Court would direct that the Eviction Suit No. 10 of 1995 be transferred to the Court of Sub-Judge-III, Rohtas in seisin of the Title Suit No. 431 of 2006 and the said Court is directed to ensure that both the suits are disposed of within a period of one year from the date of receipt/production of this order. With the aforementioned observation and direction this application is disposed of. BCJ (Mihir Kumar Jha, J.)