O.P.Garg, J. - (1.) This revision petition is directed against order dated 4.8.1992 passed by Civil Judge. Agra in Misc. Case No. 197 of 1984 arising out of Original Suit No. 76 of 1949 whereby an application. 4C. filed by M/s. Gambhir Mal Pandya Pvt. Ltd. Co., was allowed and it was directed that the present two revisionists, who are real brothers and sons of late Hari Kishan Gupta shall hand over vacant possession of the premises in dispute.
(2.) Heard Sri S. K. Mehrotra, learned counsel for the revisionists and Sri Swami Dayal, learned counsel for the respondent, at considerable length.
(3.) The dispute relates to John Mills' bungalow No. 1. bearing municipal number 21/5. Jeoni Mandi. Agra, which was given in occupation and possession of late Hari Kishan Gupta, father of the present revisionists with the permission of the Court by the receiver appointed in Suit No. 76 of 1949. The licence was granted in favour of late Hari Kishan Gupta on 17.7.1967 for a specific period of two years. A document was executed incorporating the terms and conditions of licence. In clause 4 of the indenture dated 17.7.1967. It was expressly provided that licence was merely for a period of two years and that it shall come to an end fpso facto Immediately upon the expiry of the said period and further that the receiver upon the expiry of the said term would be entitled to take possession over the bungalow, aforesaid, without having recourse to any legal proceedings. In clause 6, it was further provided that the licensee would not be entitled to take recourse to any Court of law in case he was aggrieved by any act of the receiver in connection with the licence and would always abide by the decision of the Court of Civil Judge, Agra. Again in clause 8. It was provided that the provision of Transfer of Property Act regarding lease or for termination of tenancy was not to apply to the licence granted to late Hari Kishan Gupta and he will be evictable at any time if the licence was revoked under the orders of the Civil Judge. Agra. After the expiry of the period of licence and before action for eviction of the licensee could be taken. Sri Hari Kishan Gupta died on 27.9.1969. The present two revisionists Girish Chandra Gupta and Jagdish Prasad Gupta, who are sons of the late licensee late Hari Kishan Gupta, have continued to remain in possession of the said bungalow. The respondent M/s. Gambhir Mal Pandya Pvt. Ltd. Co. moved a number of applications for Its physical possession over the bungalow in question after eviction of the revisionists in the following circumstances.;