SWARN SINGH Vs. MANISH PRAKASH AND ANOTHER

JUDGEMENT

(1.) Heard Shri Anil Sharma, learned Advocate appearing for the revisionist and Shri H.R. Mishra, learned counsel for the respondent nos. 1 to 2.

(2.) The present revision arises out of the judgment and order dated 29th May, 2009 passed in SCC Suit No. 21 of 2006 (Manish and another vs. Dr. Swarn Singh). The eviction suit was filed on 15.3.2006 by the purchasers of the suit property namely House No. 1, Shiv Charan Lal Road, Allahabad with the plea that they had purchased it by two registered sale deeds dated 4.7.2002 and 6.7.2002 executed by Nizamuddin in their favour. The defendant is tenant in the suit property and he had defaulted in payment of rent. A notice of determination of tenancy was served upon the defendant on 14.3.2006. Despite intimation given to the defendant/tenant, he did not pay rent nor vacated the suit property, rather he denied the title of the plaintiff/landlord who had stepped into the shoes of erstwhile landlord by way of registered sale deed. This act of the tenant has not been condoned by the landlord and he exercises his a right of reentry to the suit property.

(3.) In the present revision the question is as to whether the Small Causes Court could have decreed the suit on the sole ground that the defendant had denied the title of the plaintiff/landlord. The defendant had taken a stand that the suit property is a Waqf property, the Mutwalli namely Dr. Nizamuddin had no right to execute the sale deed in favour of the plaintiffs. He being tenant of the Waqf, the eviction suit cannot be maintained at the instance of the plaintiff/purchasers.