HABIB KHAN Vs. XII ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri Salil Rai, Advocate for petitioner and Sri Om Prakash, Advocate holding brief on behalf of Sri B.D. Mandhyan, learned Senior Advocate for respondent no. 3.

(2.) It is not in dispute that petitioner's father entered into tenancy of House No. 58/74 Sarain Khawaja, Agra, which was owned by respondent no. 3. The respondent no. 3 executed an agreement of sale with Sri Bashir Khan, father of petitioner on 01.05.1979. This agreement of sale was duly registered under the Registration Act, 1908 (hereinafter referred to as the "Act, 1908"). Copy of said agreement is on record as Annexure-1 to the writ petition. A perusal of aforesaid agreement shows that the total sale consideration for property in dispute was Rs. 7,500/-, out of which Rs. 4000/- was paid at the time of execution of agreement of sale and petitioner's possession was described as that of purchaser and remaining amount of Rs. 3,500/- was to be paid at the time of execution of sale deed, for which the time limit was upto September, 1979. After execution of aforesaid agreement of sale petitioner's father, Bashir Khan ceases to pay any rent to respondent no. 3 in view of change of his status vide agreement of sale dated 01.05.1979. The respondent no. 3 also did not insist upon petitioner's father to pay rent thereafter. Petitioner's father expired in 1983. The respondent no. 3, however, after more than a decade, served a notice dated 30.10.1992/12.11.1992 upon petitioner stating that he had not paid rent for the last more than 15 years and, therefore, should vacate the premises in question.

(3.) The notice was replied by petitioner stating that there was no justification of payment of rent since he is occupying premises in dispute in the capacity of purchaser/owner. Thereafter by another notice dated 21.12.1992 respondent no. 3 forfeited tenancy rights of petitioner and instituted S.C.C. Suit No. 155 of 1993 for eviction of petitioner and recovery of rent.