BHUPENDRA SINGH Vs. KRISHNA MOHAN SINGH AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition is directed against concurrent orders dated 30.5.1995 and 2.11.2002 by which the eviction suit of the respondent-landlord has been decreed by both the courts below.

(3.) The respondents claiming to be the owner and landlord of the disputed accommodation on the basis of a registered sale deed dated 3.8.1971 where the petitioner was a tenant, instituted a SCC Suit no. 691 of 1976 with the allegation that he was a tenant at a Rs. 50.00 per month from the time of the purchase and though he was duly informed, he refused to pay the rent forcing them to send a registered notice dated 9.1.1976 seeking rent for 53 months with effect 3.8.1971 to 2.1.1976 within a period of 30 days and thereafter determining his tenancy. Despite service, the petitioner failed to pay the arrears of rent and thus, the suit. It was also alleged that the disputed property was a part of larger property purchased by Housing Society "Gandhi Grah Nirman Samiti" from erstwhile owner alongwith petitioner as the tenant and subsequently the disputed portion was sold to the petitioner.