- (1.) Heard Sri Kshitij Shailendra, learned counsel appearing for the applicant and Sri P.N. Saxena, learned Senior Counsel assisted by Sri A.K. Srivastava, learned counsel appearing for the respondents.
(2.) The tenant-applicant has approached this Court assailing the order dated 26 November 2015 passed by the revisional court/District Judge, Hathras in SCC Revision No. 17 of 2015 (Thakur Hanuman Ji Maharaj Virajman Mandir vs. Agrasen Kanya Vidyalaya Management Committee) arising from the judgment and decree passed by the small causes court at Hathras dismissing the suit of the plaintiff-respondent for eviction and arrears of rent.
(3.) One of the trustees claiming to be Manager, namely, Prem Ballabh Das of Thakur Hanuman Ji Maharaj Virajman Mandir instituted a suit for eviction and arrears of rent which was contested by the applicant raising a plea of locus and maintainability of the suit at the behest of Prem Ballabh. Apart from giving other reasons for dismissal of the suit, the court also took note of the fact that several civil suits were pending in which Managerial rights have been claimed by the sons of late Ram Saran Das, including Prem Ballabh Das. The trial court upon considering the evidence, material on record and the findings recorded by this Court in Writ Petition No.43753 of 2005, filed by Prem Ballabh Das (Agrawal), held, that the suit was not maintainable for want of locus. In this view of the matter, it was observed in the judgment that Prem Ballabh Das is not the Manager of the trust. In revision, the revisional court while admitting the revision clarified that the observation made by the trial court in the impugned judgment dated 18 November 2015 regarding competence of the second respondent being the Manager of the trust shall not be read against the respondent-revisionist and would have no implication on the other pending suits.;