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1998 Supreme(P&H) 745

S.AGGARWAL
Inder Kumar Johar – Appellant
Versus
Kailash Devi – Respondent


Judgment

1. The present revision petition has been filed by Inder Kumar Johar (hereinafter described as the petitioner) directed against the order of the learned Rent Controller, Ludhiana dated 16-10-1996 and that of the Appellate Authority. Ludhiana dated 9-8-1997. By virtue of the impugned order, the learned Rent Controller had passed an order of eviction against the petitioner and his appeal was dismissed by the learned Appellate Authority. The short question agitated has been as to whether when there is an agreement of sale between the landlord and the tenant, in that event, Sec. 53-A of the Transfer of Property Act would come to the rescue of the petitioner-tenant or not?

2. Some of the relevant facts are that respondent filed a petition for eviction against the petitioner alleging that he is a tenant in the suit premises at a monthly rent of Rs. 600/- P.M. including the house tax if levied. The petitioner is stated to be in arrears of rent from 1-1-1989. The petition for eviction was contested. The petitioner denied the relationship of landlord and tenant between the parties alleging that the respondent has already entered with the petitioner into an agreement of sale deed dat















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