- (1.) The appeal has been admitted for hearing the parties on the following substantial question of law; Whether the alleged lease is barred by the principle of lis-pendence as per the provisions of section 52 of the Transfer of Properties Act Whether there is valid lease in favour of the defendant
(2.) The present appellant M/s.Modern Trading Co. who had purchased the property in dispute in a court auction, filed the suit against the present defendants submitting inter-alia that as they were inducted as tenants in the suit premises during the pendency of the suit for sale of the mortgaged property, they are liable to be evicted and the plaintiff would be entitled to vacant possession of the property. The defendants appeared before the court and submitted that they were brought in premises as tenants by one M/s.J.R.Vakharia & Sons Pvt.Ltd. who were original owners of the property. It was submitted by them that M/s.J.R. Vakharia & Sons Pvt.Ltd. had mortgaged the property in favour of the State Bank of India. The said bank filed Civil Suit No.282 of 1959 against M/s.J.R.Vakharia for sale of the mortgaged property, the court decreed the suit and ultimately sold the property, which, in time, came to be purchased by the present plaintiff. Their submission is that as they were tenants even prior to the institution of the suit, the question of their being inducted as tenants during the pendency of the suit would not arise.
(3.) The learned trial court, after recording evidence and hearing the parties, held that the defendants were inducted as tenants by the erstwhile owner and even before the suit was filed by the State Bank of India, the appellate court has confirmed the said finding.;