LONGABAI Vs. PREM CHAND

JUDGEMENT

(1.) PLAINTIFF has filed the present revision petition being aggrieved by the Order passed by learned Additional Civil Judge, Class-I, Bhind in Civil Original Suit No. 179-A/97, dated 28-4-98 whereby the plaintiff s suit filed for ejectment of the defendant/tenant has been stayed till the proceedings for registration of trust are not completed.

(2.) SHRI K. K. Lahoti, learned counsel for the petitioner has strenuously submitted that it is a case based on the landlord, tenant relationship. Bar or registration or question of registration is wholly foreign to the question to be tried in the suit between the landlord and the tenant. Thus the Order passed by the Court below is contrary to the law laid down in the case of Brijmohan v. Dwarkadas, 1975 JLJ SN 4, and on the case of Kaduram v. Mahila Muthuri Bai, in S. A. No. 139/79, decided on 1-1-80 decided by Hon'ble Justice H. G. Mishra.

(3.) LEARNED counsel appearing for the respondent/defendant submitted that in a different suit the matter has been adjudicated with respect to the property being the trust property. As such the suit is not maintainable at the instance of the present plaintiff in view of the subsequent development. He has supported the reasonings employed by the trial Court while passing the impugned order.