PRAKASH KESARWANI,J. - (1.) Heard Sri M.D. Singh Shekhar, learned Senior Counsel assisted by Sri R.D.Tiwari, learned counsel for the petitioner-defendant/tenant and Sri A.P. Tiwari, learned counsel for the respondents-landlord/plaintiffs. FACTS
(2.) Briefly stated facts of the present case are that the respondents-plaintiffs have purchased a house No. B-35/42, Mohalla Sarai nandan, Ward-Bhelupur, City and district Varanasi by a registered sale-deed dated 28.8.2000. The said house was being occupied by the petitioner-defendant as tenant on a monthly rent of Rs. 240/- since the time of the erstwhile owner Sri Bulaki Sardar. The respondents-plaintiffs are occupying only one room on the ground-floor of the disputed house. They issued a notice to the petitioner-defendant for vacating the tenanted portion and to pay arrears of rent.
(3.) According to the respondents-plaintiffs, the said notice was complied with by the petitioner-defendant and ultimately on 16.7.2004, they refused to vacate the tenanted portion. Therefore, in July,2004 the respondents-plaintiffs filed a release application under Section 21 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction ) Act, 1972 (hereinafter referred to as the 'Act'), which was registered as P.A. Case No. 38 of 2004. In the said P.A. case the petitioner-defendant took the stand that the erstwhile owner had executed an agreement to sale in favour of the petitioner-defendant on 2.4.1986 with respect to the disputed house, but the sale deed was executed and as such he has filed a suit for specific performance being Original Suit No. 166 of 2002 (Amrit Lal v. Rajesh) which is pending. He further took the stand that in view of the registered agreement to sale of the disputed house, the petitioner-defendant is a tenant and there is no relationship of landlord and tenant between the respondents-plaintiffs and the petitioner-defendant. The release application of the respondents-plaintiffs was allowed and the P.A. case was decreed by judgment and order dated 11.11.2010 passed by the Prescribed Authority/Additional Civil Judge (Senior Division )(Court No. 2), Varanasi.;