- (1.) These are four connected petitions directed against judgment and order dated 8-9-1983, whereby eviction of the tenant from the premises known as Minerva Castle previously known as Jura House situate at Kulri, Mussoorie and release thereof in favour of the respondent-landlord under S.21 of the U.P. Urban Buildings (Regulation of Lettings Rent and Eviction) Act, 1972 (in short the 'Act'), was directed by the Prescribed Authority and also against the appellate order dated 10-2-1989, dismissing the tenant's appeal and affirming the judgment and order contemplating eviction and release passed by the Prescribed Authority, The petition filed by Sri Mahendra Pal Singh, being writ petition No. 2791 of 1989, shall be treated as the leading case in the set of the present petitions.
(2.) The matrix of the facts, in so far as it may be found relevant for the purposes of discussion of the submissions made by the learned counsel appearing for the parties, is set out as below. Late Sri K.R. Bahuguna, father of the respondent No. 3 was, admittedly, the owner and landlord of the building in question, He sold the building to one M/s. Nahar Singh, Kishan Chand by means of a registered sale deed dated 27-10-1958 but at the same time, an agreement of reconveyance was entered into between the Vendor and the Vendee, according to which the right to get the property reconveyed on payment of Rs. 20,000/- at any time in a span of six years, was reserved with the Vendor, Sri K.R. Bahuguna. It appears that Sri K.R. Bahuguna was not in a position to get the property reconveyed in terms of the agreement of reconveyance dated 27-10-1958 within the stipulated period. However, before expiry of the period of six years specified in the agreement for reconveyance dated 27-10-1958, a fresh agreement for sale was entered into between M/s. Nahar Singh Kishan Chand and Sri K.R. Bahuguna on 24-10-1964. The sale consideration, according to this agreement, was Rs. 30,000/- out of which, a sum of Rs. 500/- was paid by way of earnest money to M/s. Nahar Singh and Kishan Chand and the balance amounting to Rs. 29,500/- was decidedly agreed to be paid by Sri K.R. Bahuguna to M/s. Nahar Singh Kishan Chand at the time of registration. According to the said agreement, Sri K.R. Bahuguna was bestowed the right to get the sale deed executed in his favour in terms of the agreement at any time within a span of eight years, failing which, the agreement stipulates, he was to forfeit the earnest money of Rs. 500/-and in addition thereto, he was to pay a sum of Rs. 10,000/- to M/s. Nahar Singh Kishan Chand.
(3.) It transpires from the record that M/s. Nahar Singh Kishan Chand were not willing to execute the sale-deed despite notice, whereupon a suit, it being suit No. 122 of 1971 was instituted by Sri K.R. Bahuguna against M/s. Nahar Singh Kishan Chand impleading therein its proprietors for specific performance of contract for sale. The suit was decreed vide judgment and decree dated 9-2-1978 in terms of a compromise according to which the sale consideration was raised to Rs. 40,000/-from Rs. 30,000 / - as agreed upon between the parties. Entire sale consideration was paid to the defendants M/s. Nahar Singh Kishan Chand and others at the time of the, very execution of the compromise on 9-2-1978 but they failed to execute the sale deed in terms of the decree, whereupon the sale-deed was executed by the court on 12th Day of June 1979. According to the sale deed, Sri K.R. Bahuguna became entitled to receive rent from 1-4-1978.;