A.N. Dikshita, J. - (1.) The petitioner Sita Ram Dass has filed this petition under Article 226 of the Constitution of India for issuing a writ of certiorari for quashing the order dated 5-5-88 (Annexure 5) passed by respondent No. 1 and also for issuing a writ, order or direction in the nature of prohibition restraining the District Judge from proceeding with the trial of the suit titled as Hari Ram Agrawal v. Sita Ram Dass instituted in pursuance of the order dated 5-5-88.
(2.) Facts as disclosed in the petition are that Mahant Purshottam Dass was the uncle of the petitioner owning vast property and after renouncing the world dedicated it to the Deity Sri Laxman Ji Maharaj installed in a private temple. A gift-deed was executed by Mahant Purshottam Das on 14-8-1922 in favour of Deity which incorporated certain conditions as regards the proper management of the property. The petitioner has stated that it is a simple gift deed and not a trust deed. This deed gave the right to the successor Mahant by generation to generation and other public men had no concern with the managements of such property. Respondents Nos. 2 and 3 were the tenants of a part of the said property belonging to the Deity. As both the tenants were bad pay master Suit No. 158 of 1980 was filed in the Court of Judge, Small Causes against respondent No. 2 which was dismissed and a revision No. 111 of 1983 is pending in the Court of I Addl. District Judge, Jhansi. The suit filed against respondent No. 3 is pending.
(3.) The petition further discloses that respondents Nos. 2 and 3 with ulterior motive had filed the application under Section 92, C.P.C. for permission to institute a suit against 'the petitioner for the proper management of the trust property. It has further been disclosed in the petit ion that the respondent No. 1 issued a show cause notice to the petitioner as to why the permission may not be granted to institute the suit as contemplated under Section 92, C.P.C.;