- (1.) Heard learned Counsel for the petitioner and for the respondent-caveator. This petition is directed against concurrent judgments dated 14.9.2009 and 18.3.2010 by which the suit of the respondent-landlord for eviction and arrears of rent has been decreed by both the Courts below.
(2.) It appears that the respondent No. 2, landlord instituted a Small Cause Suit No. 46 of 2003 against the petitioner-tenant for his eviction on the ground of arrears of rent etc. through its power of attorney holder, Sri Kanhaiya Tiwari. After contest the suit was decreed by the Small Cause Court vide its judgment dated 1.8.2006. However, in the consequential revision filed by the tenant some additional documentary evidence was brought on record, therefore the matter was remanded to the Trial Court to examine the landlord-tenant relationship and also whether the power of attorney holder could institute the suit. After remand, the suit was again decreed on 14.9.2009 and the resultant revision has also been dismissed.
(3.) Learned Counsel for the petitioner has urged that since the disputed premises was sold to the power of attorney holder Sri Kanhaiya Tiwari and another person vide sale-deed dated 11.5.2004 and therefore, the plaintiffs right and title to the property had extinguished and as such, decree could not have been passed.;