LAWS(ALL)-2010-5-362

SMT. REHANDI BAI AND ANOTHER Vs. MOHD. ABRAR

Decided On May 06, 2010
Rehandi Bai Appellant
V/S
MOHD. ABRAR Respondents

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and Counsel for the respondent-caveator. This petition is directed against concurrent judgments dated 22.11.2008 and 8.3.2010 by which a suit for eviction and arrears of rent filed by the respondent-landlord has been decreed by both the Courts below.

(2.) It appears that the respondent-landlord purchased House No. 266, Awas Vikas Colony, Nandanpura, Jhansi through registered sale-deed dated 4.8.1992 from its erstwhile owner Om Prakash Sahu wherein the petitioner was a sitting tenant. After purchase he earlier filed a regular Suit No. 164 of 1993 against the tenant for his eviction treating him to be a licensee of his transferor wherein the petitioner took a plea that he was a tenant of his transferor at Rs. 80/- per month. The Trial Court dismissed the suit holding that the petitioner was a tenant at Rs. 80/- per month and was not a licensee. The aforesaid judgment was affirmed in appeal. Thereafter the petitioner sent a registered notice claiming rent from 4th August, 1992 at the rate of Rs. 80/- per month and alleging that he has since not been paid any rent and determined the tenancy. When no rent was paid nor the petitioner vacated the premises he preferred the present Suit No. 16 of 2006 before the Judge Small Causes with the aforesaid allegations. After contest both the Courts below have decreed the suit.

(3.) It is firstly urged on behalf of the petitioner that since he was a licensee and by judgment dated 27.1.2006 he had been held to be a tenant, on the date of the notice dated 20.2.2006 there could not have been four months default and since there was no contract between the parties creating tenancy, in view of section 105 of the Transfer of Property Act, the suit could not have been decreed.