PREETA JAIN AND ANOTHER Vs. UNION OF INDIA THROUGH SECRETARY DEFT.OF COMPANY AFFAIRS, NEW DELHI AND OTHERS

JUDGEMENT

(1.) CHALLENGING the order dated 3.3.2008 passed by the Additional District Judge, Court No. 6, Kanpur Nagar in SCC Suit No. 40 of 1999 whereby the suit has been dismissed, the present revision under section 25 of the Provincial Small Causes Court Act has been filed by the plaintiff-land­lords.

(2.) THE dispute relates to property No. 10/499-B Khalasi Line Allenganj Kanpur City, described at the foot of the plaint. Admittely, the said property was owned by two brothers namely Rakesh Jain and Sunil Jain. Plaintiff No. 1 Smt. Preeti Jain, is widow of Rakesh Jain. Plaintiff Nos. 2 and 3 are the daugthers of Late Rakesh Jain. It appears that the property in dispute has been sold during the pendency of the suit in favour of Shri B.K. Bhagat who has been impleaded as applicant No. 2 in the present revision. The suit was filed for ejectment and recovery of arrears of rent for the period 1.5.1990 to 17.11.1998, water charges and damages etc. It was also pleaded that the property in dispute was let out by the erstwhile owners and landlords to Union of India, the tenant.

(3.) THE Trial Court by the order under revision has dismissed the suit on the ground that the Will in question has not probated and as such the plain­tiffs have no right to institute the suit.