MOHD.SAYEED Vs. SITARA BEGUM AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the Counsel for the respondent-caveator. This petition by the tenant is directed against concurrent orders dated 8.7.2005 and 6.11.2009 by which the landlord's suit for arrears of rent and eviction has been decreed by both the Courts below.

(2.) The respondent-landlord instituted SCC suit No. 329 of 2002 against the petitioner with the allegation that he had purchased old house No. 88/430 (New No. 88/437), Humayun Bagh, Chamanganj, Kanpur through a registered sale-deed dated 24.12.1996 where the petitioner was a tenant in a room on the first floor at Rs. 5/- a month. Despite knowledge and notice of transfer, he did not pay the rent from the date of purchase and thus a notice dated 19.8.2002 was served on him but even after receipt of the notice, neither he tendered rent nor vacated the premises but gave a reply questioning the very title of the landlord and thus, the suit for arrears of rent and eviction.

(3.) The petitioner contested the suit inter alia with the allegation that he was a tenant from the time of the previous landlord Mohd. Sami of one room, tin shed, Courtyard, kitchen, bathroom etc. on the first floor of the disputed building at Rs. 7.20 per month and was also a tenant of one room on the ground floor at Rs. 8.65 per month and the single tenancy was Rs. 15.85 per month and a part of the building about 100 sq. yard was purchased by the landlord while the remaining part about 167 sq. yard was purchased by others and since there was no splitting of the tenancy after the sale and the landlords were not accepting rent, he deposited it under section 30 of U.P. Act No. XIII of 1972 (herein-after referred as the Act).