D. S. Sinha, J. - (1.) BY means of this petition, under Article 226 of the Constitution, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the plaint of suit no. 102 of 1987 filed by Smt. Meera Dutta, the opposite party no. 2, along with the proceedings of the suit, pending in the court of Munsif West, Allahabad. The suit is for declaration that she is co-tenant of house no. 673, Colonelganj, Allahabad, hereinafter called the 'disputed house', and for permanent injunction restraining the petitioner from dispossessing her and her dependents from the aforesaid house of which the petitioner is owner-landlord, in pursuance of the decree dated 19th November, 1982 passed by the Judge, Small Causes, Allahabad, in Original suit No. 50 of 1981, Sri Gulab Chand v. Subhash Chandra Mittra and others.
(2.) THE events giving rise to the instant petition are as follows : THE petitioner filed in the court of Judge, Small Causes, Allahabad, suit no. 50 of 1981 against opposite parties nos. 3, 4 and 5 for their ejectment from disputed house. This suit was decreed on 18th November, 1982 and opposite parties nos. 3 to 5 were directed to vacate the disputed house within a month from the date of the decree. THE opposite parties nos. 3 to 5 challenged the decree dated 18th November, 1982 by means of a revision under section 25 of the Provincial Small Causes Court Act, before the District Judge, Allahabad. THE revision was, however, transferred to the court of 5th Additional District Judge, Allahabad for hearing and disposal who dismissed the revision and upheld the decree passed by the Judge, Small Causes, Allahabad, for ejectment of the opposite parties nos. 3 to 4 by means of his judgment and order dated 11 th March, 1983. THEreafter the opposite parties nos. 3 to 5 approached this Court through Misc. Writ Petition no. 4419 of 1983 questioning the legality of the two judgments and order dated 18th November, 1982 and 11th March, 1983 passed by the Judge Small Causes, Allahabad and the 5th Addl. District Judge, Allahabad respectively. This petition remained pending for a period of about four years and during this period the ejectment of the opposite parties nos. 3 to 5 remained stayed under orders of this Court. Eventually the writ petition was disposed of by this Court on 10th February, 1987. While diposing of tbe petition this Court granted time to the opposite parties nos. 3 to 5 for vacating the disputed house till 31st August, 1987 subject to the condition that within two weeks the said opposite parties filed a joint affidavit containing their personal undertaking to handover peaceful possession of the disputed house to the petitioner on or before 31st August, 1987 and further that they made payment of damages for the period upto 31st August, 1987 within one month. THE Court clarified that in case of default the petitioner would be entitled to evict the opposite parties nos. 3 to 5 forthwith. It appears that the opposite parties nos. 3 to 5 had sensed that their petition, challenging the ejectment, might fail and, as such, before the writ petition was disposed of they set up Smt. Meera Dutta, the opposite party no. 2, who filed in the court of Munsif West, Allahabad suit no. 102 of 1987, Meera Dutta v. Gulab Chand, for declaration that she was co-tenant in the disputed house and for injunction against the petitioner restraining him from dispossessing her and her dependents therefrom. In this suit the opposite party no. 2 made an application for ad interim order staying further proceedings of Execution Case no. 61 of 1983 which were initiated by the petitioner for the purpose of enforcing the decree of ejectment against the opposite parties nos. 3 to 5. On 5th February, 1987 the learned Munsif West, Allahabad, passed the following order : " Issue notice to the defendant fixing 15-2-1987 for objection and disposal. The purpose of the suit will be frustrated if the injunction is not granted exparte. Hence the parties are directed to maintain status quo till 16-2-1987. The plaintiff shall comply the Order 39 rule 3-A and B, CPC and shall file affidavit to this effect by tomorrow. Sd/Illegible Munsif West, Allahabad. " The opposite parties nos. 3 to 5 felt secured on account of the above order of the learned Munsif dated 5th February, 1987 and they did not comply with the terms and conditions imposed upon them by this Court while disposing of the writ petition no. 4419 of 1983 on 10th February 1987.
(3.) THE petitioner asserts on account of the ad interim order dated 5th February 1987, passed by the learned Munsif West, Allahabad, the Execution Court is not going to execute the ejectment decree against the opposite parties nos. 3 to 5 which has been affirmed right upto this Court. Further assertion of the petitioner is that Suit no. 102 of 1987 has been filed by the opposite party no. 2 only with a view to obstruct the execution of the ejectment decree against the opposite parties nos. 3 to 5 at their behest and it is nothing but an abuse of the process of the court. It is asserted by the petitioner that the opposite party no. 2 has been living in Kanpur and does not reside in the disputed house at Allahabad. The opposite party no. 2 has put in appearance and filed her counter-affidavit.;