IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.321 of 2008 DR. SURJIT SINGH Versus SMT.ASHA DEVI ----------- 03. 07.05.2008 Heard learned counsel for the petitioner. This petition is being finally heard at this stage at the instance of the learned counsel for the petitioner. This civil revision has been filed by the defendant- petitioner challenging order dated 12.02.2008 by which learned Munsif, 3, Patna, rejected his petition for stay of Title Eviction Suit No.15 of 2007 till the disposal of Title Suit no. 10 of 2007. The aforesaid eviction suit was filed in April, 2007 by the opposite party for eviction of the petitioner. Title Suit No.10 of 2007 was filed by the plaintiff subsequently in May, 2007 against the opposite party for declaration of title and confirmation of possession of the petitioner. During pendency of eviction suit, the defendant-petitioner filed a petition for stay of further proceeding of eviction suit till the disposal of the title suit. This petition has been rejected by the learned court below by the impugned order. The law is well settled in this matter that since in an eviction suit mainly the question of relationship of landlord and tenant between the parties has to be seen and the question of title has to be gone into merely incidentally, hence due to pendency of any title suit, the proceeding of eviction suit cannot be stayed. In the said circumstances, this court does not find any illegality or jurisdictional error in the impugned order of the - 2 - learned court below and accordingly this civil revision is dismissed. sunil ( S.N.Hussain,J.)