- (1.)This revision petition is directed against the order of the Additional Judge to the Court of District Judge, Jhabua in C.S. No. 3-A of 1988 passed on 10-4-1991.
(2.)The facts leading to this revision petition in short are that the plaintiff filed a suit for possession of a house situated in Meghnagar against the present petitioner on the basis of the title of the house. The case of the plaintiff was that eight years before the suit the house was given to the defendant for his residence as licensee with a condition that the house would be vacated by the defendant upon demand by the plaintiff. Thereafter, it appears, that by a letter dated 30/05/1980 the defendant offered to purchase the said house. But the plaintiff did not agree to sell the house and instead demanded vacant possession of the house. Thereafter after serving a legal notice the plaintiff filed the suit on 16-8-1988.
(3.)The suit was resisted by the defendant on the ground that the defendant is not the licensee of the plaintiff. According to the defendant, the plaintiff needed a loan of Rs. 8000/- and offered to keep the house in question as security by way of mortgage and as a result Rs. 8000/- were borrowed from the defendant by the plaintiff and the plaintiff delivered the possession of the suit house in July, 1980 to the defendant. It was also agreed between the parties that the plaintiff shall not claim any rent and the defendant would also not be liable to pay any rent. It was further alleged that the plaintiff has also agreed to sell the house to the defendant at the price of Rs. 15,000/- and out of that amount, already Rs. 8000/- were paid. Further an amount of Rs.4000/- was also paid and Rs.3000/remained outstanding. As such the defendant was in the occupation of the house as a purchaser.