MALAK H N Vs. AZIZ S YUSUF

JUDGEMENT

(1.) THIS is a revision application filed by the original plaintiff against an order passed by the Civil Judge, Senior Division, Nagpur, in Civil Suit No. 97 of 1966, rejecting his application dated August 5, 1968, objecting to issuance of summons to the income -tax and estate authorities at the instance of the defendant.

(2.) THE applicant plaintiff filed a suit for ejectment and possession of the suit premises as well as the arrears of rent and mesne profits against the defendant. The defendant raised a plea that, though he is the tenant of the suit premises, the plaintiff is not entitled to file the proceedings or recover the rent from him, because the property in question belongs to the trust and the plaintiff is merely a trustee and cannot claim the rent or the property in his individual capacity. The plaintiff adduced his evidence and the defendant had also examined himself and thereafter applied for issuing summons to the income -tax authority as well as estate duty authority for producing the following documents :

(3.) THE trial court by its order dated August 7, 1968, held that :