- (1.)Heard learned Counsel for the parties and perused the record. This writ petition has been filed challenging the validity and correctness of the order dated 4.11.2008 passed by the Additional District Judge, Court No. 16, Agra, appended as Annexure-7 to the writ petition and order dated 12.5.2008 passed by Judge, Small Causes Court, Agra, appended as Annexure-5 to the writ petition.
(2.)The brief facts of the case are that plaintiff-respondent, Sri Ajit Singh (since deceased) who was absolute owner of Quarter No. 6/39/42, Khandari Quarters, Agra licensed the defendant-petitioner for a friendly assistance in his name of need on 19.4.1970 to use a portion of the aforesaid quarter and subsequently the defendant-petitioner was paying Rs. 35/- per month as compensation/licensee fee for the friendly assistance given to him by Sri Ajit Singh. In the month of March, 1971, the original plaintiff requested original defendant-petitioner to vacate the portion in his possession and on his refusal his licence was revoked and terminated as a result of which petitioner became an unauthorized occupant.
(3.)Subsequently, respondent had filed Suit No. 198 of 1988 in the Court of Judge Small Causes, Agra for a decree of ejectment of the defendant from the portion in the aforesaid quarter No. 6/39/42 in his possession. It appears that during the pendency of the suit, the original plaintiff-respondent sold the aforesaid property by sale-deed dated 2.4.2004 with a right to sue and recovery of rent to the sole respondent against the defendant.