of both courts, submission advanced by the learned counsel for the appellant, it appears that there is concurrent finding of fact, both courts below have well considered documentary and oral evidence, holding that the plaintiff has failed to prove the relationship of landlord or tenant, further holding that the plaintiff failed to prove his title, but if for the present, I can consider that the Trial Court while dealing with Eviction Suit should not have gone into title of the parties, but it appears that it was not sole ground of the Trial Court as well Appellate Court for dismissal of the suit, rather, while dealing with issue of tenancy the trial court enter into question of title incidentally, as has held in a case of Shamim Akhtar Supra, hence, I find that the plaintiff has failed to prove its case, and also failed to establish relationship of landlord and tenant, which is prime consideration for deciding the Eviction Suit, for the reasoning given above, present appeal is dismissed at the admission stage. Accordingly, interlocutory application is also dismissed.
