SIDDHAROODA SWAMY MATH TRUST COMMITTEE Vs. SHANKARSA

JUDGEMENT

(1.) The present petition by the plaintiff assailing the order dtd. 1/7/2022 in SC No.36/2012 on the file of the II Addl. Senior Civil Judge and JMFC, Hubballi, whereby the application I.A.No.I filed by the respondent No.3-defendant No.3 under Sec. 21 read with 151 of CPC was allowed and directed the office to return the plaint to the plaintiff to present the same before the competent Civil Court.

(2.) The brief facts of the case are that the plaintiff filed suit for ejectment directing the defendants to handover vacant possession of the suit property, arrears of rent and for mesne profits.

(3.) It is stated by the plaintiff that the plaintiffTrust is a public religious and charitable Trust and owner of the suit schedule property. The defendants are the lessee and the tenancy commences from first of each calendar month and that defendant No.2 has executed an agreement dtd. 2/8/1994. Since the defendants did not vacate the suit schedule property and are in arrears of rent, the quit notice was issued to dependent Nos.1 and 2 terminating the tenancy rights and defendant Nos.3 to 5 claim themselves to be the sub-tenants of the suit schedule property.