Pending lease and possession dispute barred eviction until related proceedings are decided.

Eviction could not be sustained while the connected application on the lease deed and the appellant's asserted possession remained undecided, because the question whether the appellant was an encroacher depended on that pending determination. The unresolved issue of the right to occupy the property had to be examined together with the lease-related proceeding, and eviction during its pendency was inconsistent with that position. The eviction order was therefore set aside, the matter was remanded for consideration along with the pending application, and the appellant's possession was directed to continue until those proceedings are decided.

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Issues: Whether the eviction order could be sustained while the application concerning the lease deed and the appellant's possession remained pending.

Analysis: The pending application centered on the legitimacy of the lease deed and the appellant's claimed possession over the property. Since that application had not yet been decided, a conclusion that the appellant was an encroacher could not be reached conclusively. Eviction during the pendency of that related proceeding would be inconsistent with the unresolved question regarding the appellant's right to occupy the property. The dispute over possession was therefore required to be examined together with the pending application.

Conclusion: The eviction order was set aside and the matter was remanded for consideration along with the pending application, with the appellant's possession to continue until those proceedings are decided.

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