ARUN KUMAR TEWARI Vs. YASHPAL SHARMA

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record. House No. 383/296, Mumfordganj Allahabad was let out to one Rajendra Singh and Smt. Raj Kumari, Devi husband and wife. Rajendra Singh executed a registered Will dated 4.3.1986 duly registered on 29.4.1986 in favour of his wife providing that in the event of his death, the property shall rest with his wife. After death of Rajendra Singh, Smt. Raj Kumari Devi became the owner of the property in question. Vide registered sale-deed in favour of the petitioner Arun Kumar Tewari he was transferred the property in dispute and also assigned the rights of landlordship to pursue the suit proceeding in that capacity.

(2.) Suit No. 415 of 2003 was filed by the respondent No. 1 to 4 and one Smt. Manju Sharma wife of Sri Yashpal Sharma respondent No. 1, challenging the sale-deed dated 28.4.2003 praying for the grant of decree of permanent injunction and for a declaratory decree to declare the sale-deed dated 28.3.2003 as illegal, wrong, ineffective and inoperative. This suit was filed against Raj Kumari Devi, (wife of Late Rajendra Singh), Smt. Pratibha Priyadarshini and Smt. Shobha Subhdarshini (daughters of Late Rajendra Singh and Alok Singh nephew of Late Rajendra Singh and also against the petitioner. That suit is still pending. In the meantime the petitioner sent notice dated 17.6.2005 to the respondent Nos. 1 to 4 intimating acquiry rights of ownership and of the landlordship. The petitioner also demanded rent w.e.f. 1.5.2003. Notices were replied by the respondent Nos.-1 to 4 denying the title of the petitioner challenging the authority of their landlady Smt. Raj Kumari Devi to transfer the property in favour of petitioner and also intimating that they have already instituted suit No. 415 of 2003 challenging the sale-deed dated 28.4.2003 aforesaid.

(3.) Another notice dated 28.8.2005 was sent by the petitioner under section 106 of Transfer of Property Act to the respondent Nos. 1 to 4 terminating the tenancy and demanding arrears of rent and giving 30 days time to the respondent Nos. 1 to 4 to vacate the accommodation in question.