REVANKUMAR R GAIKWAD Vs. BACHCHUBHAI P JETHWA

JUDGEMENT

(1.) This is a civil revision against the judgment and decree passed by the Additional District Judge, Akola, whereby he allowed the appeal and dismissed the suit. The facts giving rise to the revision are as follows.

(2.) The applicant/plaintiff instituted a suit for recovery of rent. The plaintiff had purchased the suit house from one Dinkar on 31-5-1993. When the house was purchased, the non applicant/defendant was occupying the premises as a tenant on a monthly rent of Rs. 150/ -. The plaintiff, before purchase of the suit house land had called for the objections. Since no objections were received, the transaction was concluded. The plaintiff and his predecessor has informed the defendant to pay the rent to the plaintiff. The defendant avoided to pay the rent. The plaintiff claims arrears of rent from 1-6-1993 to 31-10-1995 for the period of 29 months, amounting to Rs. 4,350/ -. The defendant inspite of the notice failed to pay the rent. Hence, the suit.

(3.) The defendant resisted the suit by filing written statement and denied the title of the plaintiff. It is contended by the defendant that erstwhile landlord Dinkar Sitaram upshyam had agreed to sell the suit house to him and even earnest money was paid to dinkar. The defendant continued to be in possession in part performance of the contract and, therefore, the defendant denied his liability to pay the rent. It is also contended that he is not liable to pay the rent since there has been no attornment in favour of the plaintiff.