OM PRAKASH NANGALIA @ AGARWAL Vs. BANSIDHAR SAHA

JUDGEMENT

(1.) JUDGMENT and decree respectively dated 13.04.2009 and 27.04.2009 passed by the learned Civil Judge (Senior Division) 1st Court, Cuttack in Civil Suit No.539 of 2007 have been challenged in this appeal by the defendant -appellant.

(2.) THE plaintiff filed the aforesaid suit for eviction of the defendant from the suit property and for realization of arrear house rent and damages.

(3.) THE plaintiff's case is that on 27.06.1995 he purchased the suit property from its previous owner -Nandakishore Goenka under a registered sale deed. Before such transfer, the defendant had been inducted as a monthly tenant by the plaintiff's vendor. After purchase of the suit property, the plaintiff so also his vendor intimated the defendant about such transfer and asked him to treat the plaintiff as his landlord and to pay the monthly rent to him. As such the defendant became the tenant of the plaintiff in respect of the suit premises from the date of execution of the sale deed. It is the further case of the plaintiff that with some ulterior motive the defendant filed T.S. No.262 of 1995 in the court of the Civil Judge (Senior Division), 1st Court, Cuttack, against the plaintiff and his vendor for specific performance of contract of sale on the basis of an oral agreement with false allegations. The suit was dismissed on contest by the Second Additional Civil Judge (Senior Division), Cuttack by judgment dated 30.04.2003. Challenging the said judgment, the defendant filed RFA No.100 of 2003 before this Court, which was also dismissed on 19.11.2005. It is stated that in the said First Appeal as well as in AHO 220 of 2001, arising out of judgment in W.P.(C) No.9044 of 2004, this Court has held that the present defendant is a tenant under the plaintiff. The judgment passed in the said First Appeal was challenged by the defendant in SLP No.5889 of 2006 before the Hon'ble Supreme Court, which was also dismissed.