MADAN MOHAN VOHRA Vs. SHARWAN KUMAR

JUDGEMENT

(1.) A second appeal against the judgment of Rent Control Tribunal, Delhi dated 8 -12 -1987 was filed by the appellant tenant in the year 1988 it came up for hearing before this Court on 24 -5 -88 after hearing, the appeal was dismissed in liming and the following observation were made:

(2.) Thereafter, the appellant filed an application for review on 13 -9 -1988 which was admitted by order dated 7 -4 -1989 and the following two important questions were framed : -

(3.) The main issue raised by the review petitioner in the review petition was that on the date the eviction petition was filed by the respondent the property had changed hands and he was no longer the owner of the property in dispute. According to the review petitioner, an agreement to sell the property was arrived at between the respondent and Smt. Shakun Madan in the year 1978. The payment in consideration of the, sale was made by March 1981, the sale deed was however registered in the year 1986 and thus as provided under Sec. 47 of the Indian Registration Act, the sale became effective from the date of the agreement itself. The review petitioner has filed Along with the review petition a copy of sale deed dated 7 -2 -1986 entered into by the respondent with Smt. Shakun Madan. This sale deed was registered on the same date i e. 7 -21986.