RAM AVTAR GOEL Vs. JAGANNATH GUPTA

JUDGEMENT

(1.) THIS Civil revision under Section 25 of the provisions of SCC Act is directed against the judgment and decree dated 23.4.86 recorded by the Judge of Small Causes of Kanpur Nagar in SCC Suit No. 25 of 1984. Eviction of the present petitioner was ordered on the grounds of default in payment of rent and denial of the landlord's title.

(2.) THE suit was filed by the present respondents alleging therein that they purchased the suit property from the erstwhile owner through a registered deed. The defendant had been a tenant in the suit premises under the erstwhile owner. After purchase, notices were given to the tenant by the earlier landlord as also by the purchasers about the transfer intimating him the right of the purchaser to receive rent after the sale. No rent was paid. Rather suit for an injunction was filed by the defendants wherein the ownership of the purchasers was denied. Accordingly the suit was filed for default and for renunciation of the character of the tenant by the defendants.

(3.) THE learned trial Judge framed several issues. On points of fact he was of the view that the notice was proper and was properly served, that there was default on the part of the defendants to pay rent and that the suit was not liable to be stayed under Section 10 of the CPC due to pendency of the earlier injunction suit. The trial Court also found that the plaintiff was entitled to seek eviction on the ground of denial of title by the tenant.