LAWS(ALL)-2001-5-37

MAHENDRA NATH VERMA Vs. DISTRICT JUDGE VARANASI

Decided On May 22, 2001
MAHENDRA NATH VERMA Appellant
V/S
DISTRICT JUDGE, VARANASI Respondents

JUDGEMENT

(1.) The Parshuram Joshi deceased, the father of respondent Nos. 3 to 6 filed a suit for eviction and for recovery of arrears of rent being S.C.C. suit No. 253 of 1972 against Baijnath, father of respondent Nos. 7 to 9 in the Court of J.S.C.C., Varanasi. It was alleged in the plaint that Baijnath was tenant of the ground floor as well as first floor of the house in dispute. The suit was decreed on 31.3.1979. The plaintiff, Parshuram Joshi filed an application for execution No. 17 of 1979 against Baijnath. During the pendency of the execution, Parshuram Joshi died and respondent Nos. 3 to 6 were impleaded in his place. Baijnath also died and respondent Nos. 7 to 9 were impleaded in his place.

(2.) The petitioner claims that he is tenant of the first floor of the said house since long and the suit and the decree between Parshuram Joshi and Baijnath were collusive. Therefore, on 22.3.1986 he filed objections under Order XXI. Rule 97, C.P.C., (however, in the objections Order XXII, Rule 35, C.P.C. has been wrongly written), with a prayer that he be not dispossessed from the first floor of the house. His objections were registered as Misc. Case No. 29 of 1986. The possession of the ground floor portion has already been taken by respondent Nos. 3 to 6 from respondent Nos. 7 to 9 under a compromise.

(3.) The objections of the petitioner were rejected by J.S.C.C., Varanasi on 3.3.2001 by order Annexure-2 to the writ petition. Against that order, the petitioner has filed the revision No. 72 of 2001 before the District Judge. Varanasi, The same has also been dismissed by order dated 28.3.2001, Annexure-1 to the writ petition.