1. By this writ petition filed under Articles 226 and 227 of Constitution of India, the petitioners . tenants challenge the judgment and decree dated 27.8.2008 delivered by District Judge Nagpur, in Regular Civil Appeal No. 170 of 2007, dismissing the same. The present respondent . Wakq filed Civil Suit No. 601 of 2004 in December 2004 for recovery of arrears of rent, mesne profit and for possession under Sections 15 and 16(g)(i) of Maharashtra Rent Control Act, 1999, before Second Additional Judge, Small Causes Court, Nagpur, and the same came to be decreed on 27.2.2007.

2. Considering the nature of controversy, I have heard Shri P.A. Markandeywar with Shri P.M. Shrawane, learned counsel for the petitioners . tenants and Shri Athar, learned counsel for the respondent.

3. Shri Markandeywar, learned counsel for the petitioners has urged that the suit ought to have been filed by all Trustees in view of provisions of Sections 46, 47 and 48 of the Indian Trust Act. He further states that in view of provisions of Section 85 of the Wakf Act, 1995, the jurisdiction of any Civil Court including Small Causes Court in respect of any dispute in rel