JUDGMENT Hon'ble Devendra Pratap Singh,J. Heard counsel for the parties and with their consent this petition is being finally disposed by the following order. 2. S.C.C. Suit no.167 of 1984 was instituted by Smt. Kishwar Jahan, predecessor in interest of the contesting respondent against the petitioner nos. 1 and 2 for eviction. The said suit was dismissed vide judgment and order dated 27.2.1989 and a revision no.53 of 1989 filed by respondent no.2 was allowed vide judgment and order dated 17.3.1990 against which the present writ petition has been filed. 3. It appears that in the meantime, in the execution of the said decree the possession was taken over by the respondents and they are in possession as this writ petition was dismissed for non-prosecution but the same has been recalled subsequently. The issue is as to whether there is a relationship of landlord and tenant between the parties and who is the owner. 4. Admittedly, a suit no.364 of 1997 has been filed by the petitioner nos. 3 and 4 with regard to the title of the disputed property which is pending. The petitioners apprehends that in view of the finding returned by the revisional court, his suit would not be decided on merits. The law on this aspect is well settled that finding recorded in collateral proceedings, cannot be binding and the suit would have to be decided on merits on the basis of evidence led before the Court. 5. The petitioner has confined his relief only to the aforesaid effect and the respondent does not have any objection. 6. In view of the aforesaid, this petition is finally disposed off with a direction to the trial court to decide the suit no.364 of 1997 expeditiously and without taking into account the finding and observation rendered in the impugned order dated 17.3.1990. 7. This order and the directions will also govern the writ petition no.17879 of 2004.