SHAKUNTALA DEVI Vs. SANTOSH

JUDGEMENT

(1.) Heard Sri Avnish Kumar Srivastava, learned counsel for the petitioner and Sri Rahul Pandey, learned counsel for the respondent. Case was heard on 27/3/2023, Court has passed the following order:-

(2.) Learned counsel for the petitioner submitted that Apex Court in the matter of Dr. H.K. Sharma Vs. Sri Ram Lal passed in Civil Appeal Nos. 1237-1238 of 2019, agreement to sale was not a registered document whereas in the case of petitioner, agreement to sale is registered document, therefore, ratio of law settled in aforesaid judgment would not be applicable in the present case. He next submitted that as petitioner is already in possession of the house in question, therefore, there is no occasion for clause of deemed surrender.

(3.) Undisputed facts of the case is that petitioner was earlier tenant of house in question and registered agreement to sale dtd. 6/1/2009 was entered between the parties, but same has never been executed. It is also undisputed that petitioner has stopped to pay rent. Once the payment of rent has been stopped coupled with this fact that agreement to sale has not been executed, status of petitioner has to be seen by this Court.