V PRAKASH Vs. B KESAVAN

JUDGEMENT

(1.) TENANT is the revision petitioner.

(2.) THE landlords/respondents filed eviction petition on the ground of wilful default and own occupation. THE learned Rent Controller dismissed the application holding that there is no relationship of landlord and tenant between the parties and therefore, the petition is not maintainable. THE landlords/respondents filed appeal and the Rent Control Appellate Authority allowed the appeal and ordered eviction holding that the revision petitioner, admittedly, was a tenant under the original owner Suriya Narayanan and after the death of Suriya Narayanan, the respondents/landlords became the owners of the property as they are his legal heirs and therefore, the tenant cannot question the title of the landlords and he has not paid the rent to the respondents herein and therefore, he is liable to be evicted on the ground of wilful default and the landlords also proved that the building is required for their own occupation. Aggrieved by the same, this revision is filed.

(3.) FURTHER, it is not open to the tenant to contend that he ceased to be the tenant after entering into the oral agreement of sale with the landlord and his possession must be construed as possession in part performance of the agreement of sale. The learned Rent Control Appellate Authority considered the scope of section 53-A of the Transfer of Property Act and held that in respect of oral agreement of sale, section 53-A will not have any application and a person cannot claim to be in part performance of an oral agreement of sale.