B VITTAL Vs. RAMESH KUMAR

JUDGEMENT

(1.) As the parties are same in both the revisions and as common question of law involved in both the revisions they are heard together and are being disposed of by this common order.

(2.) The revision petitioner assails the orders of the I Additional Rent Controller, Hyderabad dt 9-8-2000 passed in E.A. No. 8/2000 in E.P. 36 of 1990 in O.S.No. 549 of 1978 and E.A.No. 9 of 2000 in E.P. 37 of 1990 in O.S.No. 550 of 1978. Claiming to be the owner of the premises in dispute and as a possessor thereof the revision petitioner obstructed the delivery of possession of the premises in favour of the respondent herein who filed R.C.NOS. 549 of 1978 and 550 of 1978 seeking eviction of the tenant.

(3.) The facts leading to the filing of these revisions are as follows: The revision petitioner claims to have purchased the premises in question under agreement of sale from one K. Ganga Reddy the original owner thereof. The said agreement is dated 9-ll-l973. It is in respect of house bearing Door No. 5-9-174/1, 5-9-175 measuring 250 Square yards only. Since the said Ganga Reddy failed to execute the sale deed pursuant to the sale agreement he filed O.S.No. 1561 of 1998 on the file of the IX Junior Civil Judge, seeking specific performance of the agreement. There was compromise in the suit between the parties and in terms thereof the said Ganga Reddy agreed to execute the sale deed within fifteen days by receiving an amount of Rs. 25,000/- in addition to the amount already paid. The suit was decreed accordingly in terms of the compromise. At the time of filing of the suit a Commissioner was appointed in I.A.No. 840 of 1998 for the purpose of making local inspection and the Commissioner found the revision petitioner to be in possession of the premises in question. The respondent herein filed E.P.Nos. 36 and 37 of 1990 against third parties who have absolutely no connection whatsoever with the premises in question. Therefore, the revision petitioner filed claim petitions seeking to dismiss the execution petitions filed by the respondent herein.