Neutral Citation No. - 2025:AHC:35215 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 2385 of 2025 Petitioner :- Munna Lal Gupta And 2 Others Respondent :- Smt. Sudha Mehra And 3 Others Counsel for Petitioner :- Prakhar Tandon Hon'ble Ajit Kumar,J. 1. Heard Sri Prakhar Tandon, learned counsel for the petitioner. 2. By means of this petition filed under Article 227 of Constitution of India the petitioner has questioned the order dated 01.03.2024 whereby his revision-application filed against the order passed by the Judge, Small Causes Court dated 08.05.2023 allowing the application 94-C has been passed. 3. It transpires from the pleadings raised in this petition that respondent no.2-Himanshu Garg came to be impleaded as one of the plaintiffs in the suit for recovery of arrears of rent and eviction for the reason that he became owner of the property by virtue of the saledeed. The said application was contested. However, the defendant-petitioner admitted the saledeed and to that extent the respondent no.2 to be the necessary party but on the question of assignment for the purposes of recovery of arrears prior to the saledeed moved under Order 22 Rule 10 CPC a serious objection has been raised. 4. From the perusal of the judgment passed by the court sitting in revision I find that consideration of objection has been left open as the court itself has observed that the said point was still to be adjudicated. The tenant submits that this should be a preliminary issue because if the plaintiff no.1 is not contesting the suit and withdraws the same for recovery of arrears of rent then in the absence of any assignment in the saledeed towards the arrears of rent prior to the date of saledeed, the suit itself cannot be decreed. 5. In my considered view this issue of an assignment can be gone into by the trial judge while deciding other points to be framed by him for adjudication and hence, I hereby direct that the Judge, Small Causes while framing points for determination shall also frame point for determination as to the rights of the subsequent purchaser for the recovery of arrears of rent prior to the execution of the saledeed and the resultant effect on the merit of the suit. The parties shall be permitted to lead their evidence in this regard also. 6. With these observations and directions, this petition stands disposed of. Order Date :- 11.3.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad