BUDH RAM Vs. BHAGAT RAM

JUDGEMENT

(1.) THE facts of the case are given in detail in my order dated September 14, 1977. The same may be read as a part of this order.

(2.) MR . Garg, learned counsel for the appellant, has frankly conceded that the sale certificate in respect of the property is dispute was issued by the appropriate authority in favour of the appellant on 24th of February, 1970, and further that according to the said certificate, the appellant was to be deemed to be its owner with effect from the date of auction i.e. 1st of October, 1955. Lease deed, Exhibit P 4, was executed by the respondent in favour of the appellant on 27th December, 1960. The simple question, therefore, is whether, in view of the admitted facts of the case, a suit for ejectment was maintainable in the civil court or not ?

(3.) IT is not necessary to go into the question of the attornment by a tenant in favour of the purchaser after the purchase because the same does not fall for determination in the present case. Admittedly the respondent was brought on the property as a tenant on the basis of the lease deed, Exhibit P. 4, by the present appellant on 27th of December, 1960.