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2016 Supreme(All) 3902

ANJANI KUMAR MISHRA
Munni Lal Gupta – Appellant
Versus
Incharge District Judge , Azamgarh – Respondent


Advocates Appeared:
For the Petitioner:- Abhishek Krishna, Govind Krishna
For the Respondent:- Kamal Narain Rai

JUDGMENT

Anjani Kumar Mishra, J.

Heard Shri Govind Krishna, learned counsel for the petitioner and Shri Kamal Narain Rai for the respondent no.3.

2. The instant writ petition arises out of three suits for arrears of rent, eviction and damages filed by the respondent no.3 against the petitioner for his eviction from three shops let out to him.

3. In these suits, three separate applications in each suit, being application Nos. 136-Ga (2) were filed alleging that the plaintiff had no locus to maintain the suits. These shops are trust property. The suits had been filed in personal capacity. A case, under Section 92 CPC for appointment of a receiver to the property in dispute belonging to a Trust had been allowed vide order dated 11.04.2016. In view of the said order, the plaintiff has no locus to prosecute the suit against the petitioner-tenant.

4. The Trial Court by order dated 26.05.2016 dismissed these identical applications filed in the three suits, being Suit Nos. 9, 10 and 11 of 1999.

5. Aggrieved, the petitioner preferred three revisions. These three SCC Revisions have been dismissed by a common order dated 01.09.2016. Hence this writ petition.

6. The contention of learned counse

















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