- (1.) JUDGMENT : - This appeal by special leave arises out of suit for eviction filed by the appellant against the respondent on the ground of default in payment of rent under Section 3 of the U.P. (Temp.) Control of Rent and Eviction Act III of 1947 (hereinafter referred to as 'the Act')
(2.) The facts in brief, are as follows : House No.52 in Moh. Gossianpura at Jhansi is said to have been purchased by the appellant and her step son Babu Lal on June 27, 1950. The appellant claims that she is the owner of half share in that house. One Ram Nath had obtained two decrees. Decree No. 910/55 against Kanhaiya Lal, the husband of the appellant, and Decree No.449 of 1960 against Babu Lal, the step son of the appellant from the Court of Munsif, Jhansi. In execution of the said decrees the two portions of the house were sold and were purchased by Ram Nath. The auction purchaser obtained possession of the two portions of the house on July 7, 1962 and September 7, 1963. The respondent is said to have been inducted as a tenant by the appellant in her portion of the house some time in January 1962. The appellant appears to have filed objections against the sale of her share in the house in execution of the decree passed against her husband, Kanhaiya Lal, but the said objections were dismissed and thereafter, she filed a regular suit of declaration of her title in respect of half portion of the house. The said suit was decreed by the appellate Court on July 4, 1966. The appellant, thereafter, served a notice dated July 21, 1966 on the respondent demanding rent from March 1, 1965 and on his failure to pay the rent as demanded she filed the suit giving rise to this appeal.
(3.) The case of the respondent was that Ram Nath. the auction purchaser, had filed a suit against him claiming the rent of the premises in his occupation and that he received the summons of the said suit in March 1965. The respondent states that though he contested the said suit it was decreed against him and the said decree was maintained in appeal filed by the respondent which was decided on July 30, 1966.;