Pramod Kumar Srivastava, J. - (1.) This appeal has been preferred against the judgment dated 30.3.2010 passed by Additional District Judge/ Special Judge (EC Act), Varanasi, in Civil Appeal No. 578 of 1993 Vishwakarma Sahba, Varanasi & others v. Lohar Sangh & others.
(2.) In original Suit No. 291 of 1975 (Vishwakarma Sahba & others v. Lohar Sangh & others) the plaintiffs claim that to plaintiff no.-1 Vishwakarma Sabha is exclusive owner and landlord of the disputed properties and prayed for relief mentioned as under: (a) That by decree it to be declared that the plaintiff no. 1 representing Lohar Community of Varanasi is the sole owner of the properties detailed below and is in possession thereof and alone entitled to relies rent from the tenants of those properties including the defendants no. 12 to 30 and the defendant no. 1 or any of the defendants is not the owner thereof nor representative of Lohar Community, Varanasi. (b) That a decree for rent against the defendants no. 12 for Rs. 1080/-, no. 13 for Rs. 900/-, no. 14 for Rs. 360/-, no. 15 for Rs. 576/-, no. 16 for Rs.216/-, no. 17 for Rs. 144/-, no. 18 for Rs. 288/-, no. 19 for Rs. 360/-, no. 20 for Rs. 108/-, no. 21 for Rs. 108/-, no. 22 for Rs. 144, no. 23 for Rs. 144, no. 24 for Rs. 144/-, no. 25 for Rs. 144/-, no. 26 for Rs. 144, no. 27 for Rs. 144/- and no. 28 for Rs. 144/- be passed in favour of plaintiffs. (c) The cost of the suit be awarded to the plaintiffs against the defendants.
(3.) In the original suit some defendants filed written-statement. After framing of issues and affording opportunity of hearing to the parties, the original suit was dismissed by the judgment dated 3.3.1993 of IVth Additional Civil Judge, Varanasi. It is pertinent to mention that Gopal Prasad (appellant of present second appeal) was not party in Original Suit No. 291 of 1975.;