Surya Prakash Kesarwani, J. - (1.) Heard Sri Vishnu Singh, learned counsel for the petitioner and Sri Hem Pratap Singh, learned counsel for the respondent Nos.3/1, 3/2 and 4.
(2.) Briefly stated facts of the present case are that one "Divan Vidyawati Badrinath of Shrinagar (State of Jammu and Kashmir)" was the original owner and landlady of House No.CK-19/8, Mohalla Thatheri Bazar, City Varanasi, which is a four storeyed building. The aforesaid original owner and landlady appointed one Sri Raghunath Mishra as her Agent to look after and collect rent of the aforesaid house and for that purpose, permitted him to use one room of the house at the first floor. The petitioner is the son of the Agent Raghunath Mishra.
(3.) The aforesaid original owner and landlady bequeathed the house in question to "Sri Vikramajeet Singh, Sanatan Dharm College, Kanpur" which She mentioned in para (e) of her registered will deed dated 11.02.1960, which was approved by Hon'ble Jammu and Kashmir High Court in case No.51 of 1964. In the said document, it was also mentioned that Raghunath Mishra son of Jawahar Lal Mishra was occupying a portion in the house in question as her Agent. When the agent Raghunath Mishra did not furnish account and rent, the original owner and landlady terminated the agent and his licence vide notice dated 29.05.1958. Thereafter, she filed a suit being O.S. No.35 of 1961 (Smt. Vidyawati Devi vs. Raghunath Mishra) in the court of Civil Judge, Varanasi for eviction of Raghunath Mishra, which was decreed by judgment and decree dated 17.05.1988 and she was declared to be the owner of the house in question and Raghunath Mishra to be her Agent and Caretaker and the defendants were directed not to interfere in realisation of rent. Against the judgment dated 17.05.1988, the petitioner filed Civil Appeal No.600 of 1988 (Vishwanath Mishra vs. Narendra Jeet Singh) which was dismissed by judgment dated 30.05.1998 passed by the A.D.J. Vth Varanasi. Against this judgment, the petitioner filed Second Appeal No.1196 of 1998 (Vishwanath Misra vs. Ratan Shankar Chaurasia) in which an interim order dated 03.09.1998 staying the decree subject to depositing Rs.2,500/- per month was passed. The said Second Appeal is stated to be pending.;