Judgment :-

R.V. RAVEENDRAN, J.

Leave granted. Heard the parties.

2. The respondent claiming to be the owner of the suit premises filed an eviction petition (HRC 1247/1998) against the first appellant under section 21(1) proviso (a) and (h) of the Karnataka Rent Control Act, 1961 (`Old Act, for short). She alleged that the previous owner Anthony Swamy, sold the suit premises to her under a registered sale deed dated 25.9.1997.

3. The first appellant resisted the eviction petition contending that he was not the tenant of the premises under the respondent. He alleged that he was earlier the tenant of the suit premises from the year 1988, under Anthony Swamy; that the said Anthony Swamy had entered into an agreement of sale dated 11.6.1997 in his favour agreeing to sell the suit property for a consideration of Rs.1,05,000/-; and that under the said agreement, Anthony Swamy confirmed having received Rs.75,000/-as advance and permitted him (the first appellant) to continue in possession free of rent in part performance of the agreement of sale. He contended that from that date, he has been in possession not as a tenant but as a purchaser in part performance of the agreement of sale and h