Prakash Krishna, J. - (1.) This is landlord's petitioner. SCC Suit No. 14 of 1990, filed on the ground of default in payment of arrears of rent having been dismissed by the two Courts below, the present writ petition has been filed.
(2.) The facts, which are not in dispute or cannot possibly be disputed in the writ petition, are in brief as follows-.
(3.) The petitioner was the owner of the disputed premises, namely, a shop situate in Mohalla Saidwara, District Etawah of which the respondent No. 3 was a tenant on monthly rent of Rs. 60/-. The said shop was sold to one Mohan Lal on 17.12.1980. The notice of sale was not given to the tenant and the tenant continued to pay the rent to the present petitioner till March, 1985. Thereafter, some how the tenant-respondent No. 3 came to know about the aforesaid sale deed in favour of Mohan Lal and he consequently stopped paying rent to the petitioner. A notice dated 22.2.1985 was issued by the petitioner demanding rent from the respondent-tenant, a reply thereof was given on 16.3.1985. The stand taken by the tenant-respondent was that the petitioner ceases to be the owner and landlord of the premises in question in view of the sale deed executed by him in favour of Mohan Lai, the tenant-respondent is not liable to pay any &rent to the petitioner. Ultimately, the suit giving rise to the present writ petition was instituted in the year 1990 on the ground of default in payment of rent for the aforesaid period.;