- (1.) Challenging the judgment and decree dated 25.1.2011 passed by Judge Small Causes/Additional District Judge, Court No. 7, Muzaffarnagar in S.C.C. Suit No. 10 of 2000 whereby decree for eviction of the defendant-applicant as also for recovery of arrears of rent and damages etc. has been passed, the present revision under section 25 of the Provincial Small Causes Court Act has been filed. The facts may be noticed in brief: The relationship of landlord and tenant is not in dispute. The suit giving rise to the present revision was filed on the ground that the provisions of U.P. Act No. 13 of 1972 are not applicable as the monthly rent is Rs. 2,000/-. The defendant-tenant has failed to pay the rent since 1st May, 1998 inspite of notice terminating the tenancy. In defence, the defendant-tenant took shelter of section 53-A of Transfer of Property Act on the allegations that there is a registered agreement of sale in his favour executed by the plaintiff. Contention was that the de defendant-tenant is in possession in pursuance of the said agreement to sell and is entitled to protect his possession under section 53-A of the T.P. Act.
(2.) Heard Shri R.N. Singh, learned Senior Counsel alongwith Sri Vishnu Kumar Singh, learned Counsel for the applicant and Shri Ashok Mehta, learned Counsel for the landlord-opposite parties.
(3.) The agreement to sell is a registered document and it has not been disputed by the plaintiff. However, suit for specific performance of contract to sell in pursuance of the agreement was filed which has admittedly been dismissed. It has been stated that the matter is pending in first appeal before this Court. The Trial Court in the present case has found that even after execution of the said agreement, relationship of landlord and tenant has not come to an end. The agreement of sale specifically recites that the second party to the agreement will get possession at the time of execution of the sale-deed.;