Rameshwar Prasad Rameshwar And Others v. Special Judge, Basti And Others

R.P Singh, J.:— This writ petition is directed against the orders passed by Respondent No. 1, Special Judge, Basti, dated 26-11-1986 dismissing the revision and upholding the order passed by Respondent No. 2.

2. Brief facts of the case are that Respondent No. 3 Smt. Dulari Devi a suit for ejectment of the petitioners treating them as trespassers on the ground that the petitioners were doing business in the shop which is a partnership firm and partnership firm having been dissolved, the petitioners were treated as trespassers and a suit was filed for their ejectment.

3. The suit was contested by the petitioners on the ground that Respondent No. 2 has no jurisdiction to entertain the suit for their ejectment and that the suit could be filed only before the Prescribed Authority treating them as licensee. Respondent No. 2 held that after the dissolution of the partnership firm, the petitioners were treated to be trespassers by Respondent No. 3 Smt. Dulari Devi and on the allegations made in the plaint treating the petitioners to be trespassers, the suit has rightly been filed before him. The petitioners went up in revision which has also been dismissed by the impugned order, dated 26-11-1987.

4. On the allegations made in the plaint treating the petitioners to be trespassers, the suit for ejectment has been filed before the competent Court and an issue has also been framed whether the petitioners are trespassers or not. The suit will be decided by Respondent No. 2 on merits and can be decreed if the petitioners are found to be trespassers. That issue is still to be decided. There are no merits in this writ petition which is liable to be dismissed.

5. With the observations made above, the writ petition is dismissed.

6. A copy of this order may be given to the learned Counsel for the petitioners on payment of usual charges, within two days.

7. Petition dismissed.