V.N.KHARE, S.S.M.QUADRI
Sankaran Pillai – Appellant
Versus
V. P. Venguduswami – Respondent
Judgment
V.N. Khare, J.-The appellants herein are the tenants (hereinafter referred to as ‘the tenant’). It appears that on 6th October, 1982 the tenant entered into an agreement with erstwhile owner of the building, namely, the Church of South India Trust Association for purchase of the premises in dispute. It is stated that the appellants paid a sum of Rs. 3 lakhs towards the part payment of consideration amount under the said agreement. It further appears that subsequently certain disputes arose with regard to the mode of payment of the balance amount and as a result of which on 12th April, 1984 the Church repudiated the agreement. On 29th August, 1986 the tenant filed a suit for specific performance of the agreement referred to above. While the aforesaid suit was pending, the Church on 12.11.86 executed a sale deed in respect of premises in dispute in favour of first respondent, namely. V.P. Venuguduswami. After purchasing the aforesaid premises the purchaser who became the landlord of the premises filed a suit on 27.8.87 for ejectment of the tenant-appellant on various grounds, including the default in payment of arrears of rent for a period beginning from 12.11.86 to 31.7.8
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