M.R. Pathak, J.

This Civil Revision Petition under Article 227 of Constitution of India has been filed by the petitioners against the Order dated 12.02.2014 passed by learned Senior Civil Judge-III, Aizawl in Civil Miscellaneous Application (CMA, in short) No. 426/2013 in the Declaratory Suit No. 12/2013 wherein the Court below directed the petitioner No.1 to vacate the 2nd floor of the building, within a period of 2 months from the date of the Order, which is in his possession and occupation as tenant of petitioner No.2/respondent having his grocery shop, his source of livelihood; although he was not made a party to the said proceeding.

2. Perused the records including the copy of the CMA No. 426 of 2013 in Declaratory Suit No. 2 of 2013 filed by the respondent No. 1/petitioner and also the copy of the Written Objection submitted by the Petitioner No. 2/Respondent No. 1 therein.

3. Heard Mr. L.H. Lianhrima, learned Senior counsel assisted by Ms. H. Lalmalsawmi, learned counsel appearing for the petitioners. Also heard Mr. Rosangzuala, learned counsel for the respondent No. 1 and Mrs. Linda L. Fambawl, learned Govt. Advocate appearing for the proforma respondent Nos. 2 to 5.

4. It is submitted that petitioner No. 2 constructed 5 (five) buildings in her various plots of land that are registered in the name of her son and grand-children's are being registered in the name of her son & grandchildren, which are occupied on rent by her tenants including the Petitioner No. 1 for the purpose of his business that was occupied on rent by her tenant including the petitioner No. 1 for his business and residential purposes. In one of such building where the Petitioner No.1, tenant of the Petitioner No.2, is having his grocery shop; in the same building, the Petitioner No.2 is in occupation of one floor with two of her three grandchildren and the respondent No.1, her grandson is in occupation of another floor. It is also submitted that being the head of the family and the actual owner of the said building, the tenants are in occupation of her said buildings with her consent & permission and the tenants had been paying rent to her from the date of initiation of their tenancy.

5. It is alleged that since 2012, the respondent No. 1 and his younger brother and sister started ill treating the Petitioner No.2, their grandmother and expelled her from the said building and tried to collect rents from all the tenants of her said buildings by verbal instructions and also by serving legal notices.

6. Being aggrieved with the said action of the respondent No. 1 and his brother and sister, the Petitioner No. 2 as a plaintiff filed a Declaratory Suit being Declaratory Suit No. 12/2013 against her three grand-children as defendants No. 1 to 3, including the respondent No. 1, praying for declaration of title and ownership of the land including the buildings in question that were constructed by her.

7. By his Order dated 03.06.2013 passed in CMA No. 112/2013 arising out of Declaratory Suit No. 12/2013, learned Senior Civil Judge-I, Aizawl, as an interim measure, till final disposal of said Declaratory Suit, directed that 40% of the house rent of the disputed buildings shall be collected by the petitioner No. 2/plaintiff and the remaining 60% shall be collected by the defendants including the respondent No. 1 and further, restrained the defendants from alienating, selling or damaging the properties in dispute during the pendency of the said Declaratory Suit.

8. As the Declaratory Suit No. 12/2013 and 3 Eviction Suit Nos. 5, 6 & 7 of 2013 between the same parties were pending in different Courts, in the interest of Justice and the proper adjudication of disputes between the same parties, learned Additional District Judge-III, Aizawl, by another order dated 24.06.2013 passed in Civil Misc. Case No. 188/2013 arising out of Eviction Suit Nos. 5, 6 & 7 of 2013 and Civil Misc. Case No. 211/2013 arising out of Declaratory Suit No. 12/2013 transferred the aforesaid Dec