KHATOON BEGUM Vs. ADDL DISTRICT JUDGE

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This petition is directed against concurrent judgments dated 21.3.1998 and 4.12.2003 by which a suit for eviction and arrears of rent filed by the contesting Respondent has been decreed by both the courts below.

(3.) The brief facts are that one Intizar Uddin together with Respondent Nos. 2 to 5 instituted a S.C.C. Suit No. 1142 of 1978 with the allegations that they are the owners in possession of house No. 11/2/23 situated in Gudri Soot Nai Ki Mandi, Agra on the strength of a sale deed dated 21.11.1977 alongwith other properties and they also have lease-hold rights of the land beneath the said house from one Gulam Haidar alias Achhey Mian where the Petitioner was a tenant of his transferor at the rate of Rs. 10 per month. The tenants were informed about the said sale deed through notice dated 1.12.1977 and rent was also demanded in view of the said transfer but the tenants refused to pay the rent forcing them to issue notice dated 22.8.1978 demanding rent and terminating the tenancy which was duly received by the tenant on 28.8.1978 but despite notice, neither they vacated the premises nor paid the rent.