An oral agreement of sale does not supersede a tenant's rights without a written document; thus, a plea of part performance in illegal tenancy is unsustainable.

1. This is defendant's first appeal filed under S.96 of the Code of Civil Procedure (for short 'the CPC') against the Judgment and Decree dated 30-01-2004 passed by the Second Additional District Judge, Durg in Civil Appeal No. 5A of 2002 whereby and whereunder the plaintiff's suit filed for eviction of the appellant has been decreed.

2. To appreciate the controversy raised in the appeal, a few relevant facts may be stated.

3. Smt. Savita Devi owned a plot at station road, Durg, having dimension of 126 feet on the north, 90 feet on the south, 60.9 feet on the east and 60 feet on the west (hereinafter referred to as the suit accommodation). Late Aditya Narayan Tiwari was a tenant on this plot on a monthly rent of Rs.100/- and he was running saw mill there.

4. According to the original plaintiff - Smt. Sheela Devi, she purchased the suit accommodation on 11-03-1970 from Smt. Savita Devi through registered sale deed and since then she is the owner of the suit accommodation. The intimation about the purchase was given by the plaintiff to the tenant. However, the original tenant Aditya Narayan Tiwari did not pay the rent and stated that prior to transfer of the suit accommodation to the plaintiff, he had entered into an oral agreement for sale on 21-10-1969 with the original owner Smt. Savita Devi for a sum of Rs. 9,000/- and had paid Rs. 1000/- as advance to Smt. Savita Devi. However, this contention of Aditya Narayan Tiwari was contradicted by Smt. Savita Devi, who stated that she had sold the property to the plaintiff Smt. Sheela Devi.

5. Said Aditya Narayan Tiwari, thereafter, filed a suit for specific performance of contract, bearing Civil Suit No. 9A / 1971, in the Court of Civil Judge, Class - 1, against Smt. Savita Devi and Smt. Sheela Devi. The above suit was decreed on 23-07-1973 in his favour.

6. The plaintiff and Smt. Savita Devi preferred first appeal against the judgment and decree of Civil Judge and the same was dismissed by the first appellate Court vide its judgment and decree dated 30-03-1974. Against the judgment and decree of the first appellate Court, the plaintiff and Smt. Savita Devi preferred Second Appeal No. 3661 / 1974 before the Hon'ble High Court of M.P. at Jabalpur. The Hon'ble High Court of M.P. allowed the Second Appeal vide its judgment and decree dated 24-11-1981 and set aside the judgment and decrees of both the Courts below.

7. Aditya Narayan Tiwari preferred a special leave petition (civil) No. 1946/82 before the Hon'ble Supreme Court. The Hon'ble Supreme Court dismissed the SLP vide order dated 28-11-1991.

8. The original plaintiff gave a legal notice to Aditya Narayan Tiwari dated 08-02-1988 directing him to vacate the suit accommodation terminating the tenancy and further directing him to pay arrears of rent amounting to Rs. 3600/- for the last three years.

9. However, the appellant / defendant did not vacate the suit accommodation nor did pay the arrears of rent. The plaintiff did not file the suit immediately after service of legal notice as there was stay order in favour of defendant by the Supreme Court and as the SLP of the defendant was dismissed on 28-11-1991, even after dismissal of the SLP, the appellant did not pay the rent nor did handover the suit accommodation to the plaintiff. Therefore, the suit for eviction and arrears of rent was filed.

10. According to original plaintiff, she was in the bona fide need of the suit accommodation for her business.

11. During the pendency of the suit, the original plaintiff has died on 6-11-1997 and her legal representatives including Anil Sabbarwal were brought on record in her place on 19-03-1998. Vide order dated 12-05-2000, the trial Court permitted the legal representatives of deceased - plaintiff Smt. Sheela Devi for deleting the plea of b