MUKESH KUMAR SINGH Vs. PARWATI DEVI

JUDGEMENT

(1.) ADMITTEDLY , defendant No. 5 was inducted as tenant in The suit house. On 14.2.1996, Parwati Devi owner/landlady of the house executed an agreement for sale of the suit house; in favour of defendants 1 to 4, who were sons of defendant No. 5, after receiving Rs. 20,000/ - as advance and the sale -deed was to be executed therefor by 7.5.1996, after receiving the balance amount of consideration of Rs. 90,000/ -. It was also agreed that till date of execution of the aforesaid sale -deed, defendants will continue in the house as tenant and will pay rent regularly. It was also agreed that in case the owner of the house fails to perform her part of the agreement to execute the sale -deed, within the stipulated period, the proposed purchaser shall stop paying the rent.

(2.) DURING pendency of the suit, plaintiffs filed a petition under Section 15 of the Bihar Buildings (Lease. Rent and Eviction) Control Act, for a direction to the defendants to deposit arrears of rent from November, 1995 and current and future rent during pendency of the suit. The prayer was allowed by impugned order dated 20.8.1999.

(3.) REVISION application dismissed.