KHAJA ABDUL QADEER Vs. MOHAMMED ALLAUDDIN

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs against the dismissal of their suit OS No.3 of 1999 for eviction of the respondents together with decree for arrears of rent and future mesne profits. The said suit was resisted by the respondents and the Court below dismissed the same under the impugned judgment dated 31/8/2001.

(2.) FOR the sake of convenience, the appellants are referred to as plaintiffs and the respondents are referred to as defendants, as they are arrayed in the suit.

(3.) LEARNED Counsel for the defendants, on the contrary, submits that the three reply notices beginning with Ex.A19 clearly and categorically have asserted the rate of rent, agreements of sale, the admitted supply of construction material by the defendants to the plaintiffs and adjustment of the amounts covered by the said purchase as well as the cash paid by the defendants, would show that there are no arrears of rent whatsoever. He relied upon the said reply notices as well as the written statement and evidence of PW1 to contend that the plaintiffs admitted that apart from the suit schedule premises of 550 sq.yards the defendants are in possession of 106 sq. yards, which is covered by agreements of sale and that 53 sq.yards in possession of defendants is not subject-matter of the plaint schedule and that the accounts shown by the defendants under their reply notice Ex.A19 is the basis for claim for arrears. He specifically points out the admissions of PW1 that 106 sq.yards were sold to the defendants under agreements of sale and submits that under Section 53-A of the Act, the defendants are entitled to protect their possession even if they have not filed any proceedings for specific performance of the said agreements of sale.