A.N.Dikshita, J. - (1.) THIS revision has been directed against the judgment and order dated 19.1.1989 passed by the V Additional District Judge, Fatehpur in S.C.C. Suit No. 3 of 1984 (Misc. Case No. 2/74 of 1988) by which applications 27 -C and 35 -C were rejected. Facts in brief are that there is a temple of Thakur Ram Laxman Janki situate at Sunahala Bagh, Bindki, district Fatehpur. A number of shops facing towards Banda Achhalda road and residential quarters behind the shops have been let out to the tenants on monthly rent of Rs. 65/ - The properties situate within the precinct of temple have been delegated to deity (Thakur Ram Laxman Janki by means of a trust -deed). Applicant No. 2 is the Sarbarakar of the trust and manages its affairs.
(2.) A shop therein is in occupation of opposite parties Mewa Lal and Om Prakash on monthly rent of Rs. 65/ - who fell in huge arrears of rent and despite notice failed to pay the arrears of rent with effect from August, 1979. The tenancy of the opposite parties was thus determined and a suit for their ejectment, recovery of arrears of rent and damages was filed in the Court of District Judge Fatehpur which was registered as S.C.C. Suit No. 3 of 1984 and was transferred to the Court of V Additional District Judge, Fatehpur for disposal according to law. It has been alleged that the opposite parties No. 1 and 2 avoided service of summonses and therefore orders to proceed ex pane were passed and ultimately vide judgment and order dated 19.9.1985 an ex parte decree was passed. Pursuant to the ex parte decree execution proceedings were initiated and the opposite parties were dispossessed on 23.4.1986 from the shop in dispute. Consequent to the eviction of the opposite parties, the applicants after carrying necessary repairs and installing fixture and fittings opened a Medical Store in the name and style Bharat Medical Store. A, licence for the same was obtained in the name of Hari Shanker Gupta who is son of applicant No. 2 Ram Nath alias Munni Lal.
(3.) THE opposite parties filed an application under Order 9 Rule 13 of the Code of Civil Procedure on 29.4.1986 for setting aside the judgment and order decreeing the suit ex parte.;