Hon’ble Sudhir Agarwal, J.—This writ petition has been filed though titled under Article 226 of the Constitution of India but, in fact is under Article 227 assailing order dated 9.10.1991 passed by VIII Additional District Judge, Varanasi in Civil Revision No. 164 of 1989, whereby it has set-aside. Trial Court’s order dated 4.5.1987 and directed it to decide suit itself within two months, after hearing the parties as it is a summary case.

2. The facts in brief giving rise to the present dispute are as under :

3. The plaintiff-respondent No. 2 filed suit No. 67 of 1978 in the Court of Khafifa Judge, Varanasi (Small Causes Court) impleading the petitioner as sole defendant. The relief sought in the aforesaid suit is for eviction of the petitioner-defendant from the property in dispute and for decree of rent amounting to Rs.290/- from September, 1974 to January, 1976 and Rs.300/- towards notice period.

4. The property shown at the bottom of plaint is house No. CK 43/86 Mohalla Govindpura (Chhatta Tale), Varanasi. The plaintiff had stated that one Saraswati Bai was the owner of house No. CK 43/85 and CK 43/86 who installed a deity (Sri Thakur Ji Maharaj). The aforesaid property