- (1.) 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 storeyed 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. 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.
(2.) Another suit being SCC suit No. 109 of 1982 was filed by Raghavanand Acharya against Sarvendra Kumar Verma for recovery of arrears of rent, damages and ejectment of the defendant on the ground that there is a relationship of landlord and tenant between the parties and the tenant has defaulted in paying the arrears of rent. The said suit was decreed ex parte on 31st of May, 1983 by JSCC Varanasi.
(3.) The petitioner thereafter filed an application for setting aside the ex parte decree which was registered as Misc. Case No. 222 of 1985 but the said application was rejected by the Trial Court and the order of the Trial Court has been confirmed in Civil Revision No. 162 of 1986 by the judgment dated 3rd of May, 1989, on the ground that the petitioner being a third party has no locus to maintain such an application for setting aside the ex parte decree. Challenging these two orders, the writ petition No. 14452 of 1989 has been filed.;