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In the Instant case, the eviction suit has been filed for ejectment of the defendant from the suit premises on the ground of personal necessity and default in making payment of rent under the provision of BBC Act, 1982. Whereas, Title Suit No. 19/2008 was filed for Specific Performance of the Agreement between the defendant-petitioner and the plaintiff- respondent. Thus it can not be said that the matter in issue is directly and substantially in issue in previously instituted suit between the same parties or between the parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court.