PRAKASH KRISHNA, J.

These two petitions were heard together and are being disposed of by a common judgment as was suggested by the learned Counsel for the parties. The background facts may be noticed in brief. The dispute relates to a double storied building No. B2/211 Bhadaini, Varanasi. The petitioner claims that he is the owner in possession 'of the said building as his name is recorded in the municipal record as owner. The electric connection is also in his name since 1964 and he is paying the house tax to the Nagar Mahapalika, Varanasi There are four shops on the ground floor of the said building facing the main road Its back portion consists of a temple. The rooms are around the said temple.

2. Raghavanand Acharya, the respondent No.3 in writ petition No. 7131 of 1989 who is respondent No.2 in the connected writ petition wants to grab the said property. With this design in the background of his mind, a suit being suit No. 208 of 1982 was filed against the petitioner for declaration etc. The said suit was not pursued any further and was dismissed in default vide order dated 24th of August, 1984.

3. Another suit being SCC suit No. 109 of 1982 was filed by Raghavanand Acha