KANHAIYA LAL Vs. SATENDRA NATH MISHRA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The eviction decree passed by the Courts below on the ground of default in payment of rent is under challenge in the present petition. The eviction suit was filed by one Satendra Nath Mishra claiming ownership on the basis of sale deed dated 27.6.2012.

(3.) The ground of eviction was that the tenant committed default in payment of rent. A legal notice dated 2.7.2012 was served upon the tenant determining tenancy which was replied on 9.7.2012. Two notices dated 21.8.2012 were again sent and received on 3.9.2012. The tenant denied the title of the landlord to the suit property and also stated that after the dismissal of S.C.C. Suit No.60 of 1980 (Shri Hafizul Rehman and 5 Ors. Vs. Smt. Dhan Laxmi and 2 Ors.) , the landlord lost his right to receive rent. Practically, the tenant sought to renounce his character in the property as such and denied the title of the landlord on the ground that the sale deed would not confer any valid title in him.