AMIN Vs. LATIF

JUDGEMENT

(1.) THE appellant-defendant-tenant has filed the present second appeal before this Court under Section 100 of CPC on 30.03.2009 being aggrieved by the concurrent decree of eviction dated 24.03.2007 granted by the learned trial court of Additional Civil Judge (Sr. Division), No.2, Bikaner in Civil Original Suit No.31/2005- Latif & Ors. Vs. Amin, which judgment and decree has also been upheld by the learned first appellate court below of Additional District Judge, (FT) No.2, Bikaner vide the judgment and decree dated 27.01.2009 while dismissing the appeal filed by the defendant-tenant being Civil Appeal No.5/2009- Amin Vs. Latif & Ors. in respect of suit shop, situated at Fud Bazar, Gajner, Bikaner.

(2.) LEARNED counsel for the appellant-defendant, Mr. Sajjan Singh, raised the following contentions before this Court: -

(3.) MR. Rajesh Parihar, counsel for the respondents-plaintiff also contended that the question of title is not relevant in the eviction matters and irrespective of the fact that earlier owner, Surajmal of the suit premises i.e. the shop in question had already filed the proceedings for regularization of his possession and title with him before the the Municipal authorities at Bikaner; and the said application is still pending, the rights whatsoever Mr. Surjmal, had crystallized title or not in his favour, stood transferred to the plaintiff- respondents Latif under the agreement to sell dated 04.07.1998. He also urged that the learned Appellate Rent Tribunal, Bikaner has erred in holding in its order dated 02.02.2009 that the said agreement to sell dated 04.07.1998 was not enforceable in law not being duly stamped and registered; and consequently, the possession of title even though uncrystallized, stood transferred from Surajmal to the plaintiff, Latif under the agreement to sell dated 04.07.1998. As far as eviction proceedings are concerned, the defendant-tenant, Amin, cannot question the title of the plaintiff-Latif or Surajmal in this regard in respect of suit shop especially when he himself has not claimed any title with any Government authority in respect of the suit shop in question.