RAM RATI Vs. BUDDHI DEVI AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the record. This petition is directed against concurrent orders dated 26.8.1996 and 19.1.2010 by which the suit for arrears of rent and eviction filed by the respondent landlord has been decreed by both the Courts below.

(2.) The respondent landlord instituted a Small Causes Suit No. 372 of 1985 for the eviction and arrears of rent against the petitioner tenant form the disputed premises on the ground that he had purchased the disputed premises vide registered sale deed dated 25.9.1978 from the erstwhile owner/landlord wherein the petitioner was a tenant at Rs. 10/- per month and despite notice he had not paid rent from July, 1979. The petitioner tenant filed his written statement denying that the contesting respondent was the owner and landlord as the disputed premises belonged to a temple for which a declaratory suit was also pending and therefore, the suit was not maintainable.

(3.) The Trial Court after considering the evidence on record decreed the suit and the resultant revision has also been dismissed.