DEVKI NATH Vs. BOOTA RAM

JUDGEMENT

(1.) Boota Ram inducted Devki Nath as tenant on the property in dispute somewhere in the year 1961. He sought ejectment of the tenant on various grounds but the ejectment application filed by him was dismissed. Appeal against the order dismissing ejectment application was allowed by the appellate authority and the ejectment of the tenant was ordered. The tenant has filed the present revision against the order of the appellate authority.

(2.) During the pendency of revision petition, one Tej Kaur filed a suit for possession of the property which was the subject matter of tenancy against Boota Ram landlord. Initially, her suit was dismissed by the trial Court but she succeeded in appeal and her suit for possession was decreed. The second appeal preferred by Boota Ram was dismissed by this Court on Oct. 29, 1986. Ultimately, in execution of the decree, Tej Kaur obtained possession of the property in dispute on Oct. 5, 1987. The tenant-Devki Nath purchased the property in dispute from Tej Kaur during the pendency of the execution proceedings and she executed a registered sale deed dated Aug. 17, 1988 in favour of Devki Nath and thus, he had become the owner of the property in dispute. The revision petition, in these circumstances, has to be allowed and the order of ejectment set aside.

(3.) Shri I.K. Mehta, Senior Advocate, counsel for the respondent, however, argued that his client was entitled to rent of the demised premises in view of the order of this Court dated Oct. 24, 1985. Learned counsel for the petitioner has undertaken that total amount due i.e. Rs. 1380.00 shall be paid to Boota Ram within a period of one month, if not already paid, in terms of this Court's order.