BRIJ BHUSHAN SHARMA Vs. KAMLA PRASAD

JUDGEMENT

(1.) The present writ petition is directed against the order dated 5.3.2011 passed by Additional District Judge, Court No. 1, Varanasi in Rent Revision 1 of 2005 Kamla Prasad and Ors. v. Brij Bhushan Sharma and Ors. whereby the order dated 8.12.2004 passed by the Judge, Small Causes, Court Varanasi in SCC Suit No. 146 of 1994 Kamla Prasad and Ors. v. Brij Bhushan Sharma and Ors. was set aside.

(2.) The brief facts of the case are as follows:

(3.) The Petitioner is a tenant of the disputed premises. The property in dispute is dedicated to Lord Hanuman Ji. A suit being SCC Suit No. 146 of 194 Kamla Prasad v. Brij Mohan was filed for arrears of rent and ejectment after termination of tenancy by the Plaintiff, Kamla Prasad. The notice dated 27.6.1994 terminating the tenancy was served upon the Petitioner but it was not replied to by the tenant. During the pendency of the suit, an amendment application was filed by the Plaintiff Kamla Prasad, inter alia, to the effect that he was holding the office of Shebait and was administering the temple property and is entrusted with the custody of Idol Lord Hanuman Ji. The said amendment application was allowed by the Court below. The written statement was filed by the Petitioner, inter alia, stating that the property in dispute belonged to a deity, (Lord Hanuman Ji) and Kamla Prasad was neither authorized to issue any notice terminating the tenancy nor to institute the suit for eviction. During the pendency of the proceeding, the trial Court framed an issue regarding maintainability of the suit filed on behalf of the Plaintiff. The trial Court by its order dated 8.12.2004 decided the issue in favour of the Petitioner and dismissed the suit holding that suit itself was not maintainable and as the property belonged to the deity, the suit should have been filed by the deity itself. The Plaintiff Kamla Prasad aggrieved and dissatisfied with the order dated 8.12.2004 passed by the trial Court in Suit No. 146 of 1994, filed a rent Revision No. 1 which was numbered as Rent Revision No. 2005, was transferred to the Additional District Judge, Court No. 1, Varanasi, who by its order dated 5.12.2011 allowed this revision. Hence, the present writ petition.