M.P.SINGH, J. - (1.) DURGA Prasad Nigam, respondent No. 7 was the owner and landlord of premises No. 172, Lookerganj, Allahabad. He had executed a power of attorney in favour of one Brij Nath Tripathi, son of Kalka Prasad Tripathi on 6.9.1983. He got suit No. 417 of 1983 filed through him. It was a suit for recovery of arrears of rent and for eviction. The suit was filed on the ground of default as contemplated under Section 20(2)(a) of the U.P. Act No. 13 of 1972 (hereinafter referred to as Act).
(2.) DURING the pendency of the suit Durga Prasad Nigam executed a sale-deed in favour of Smt. Janki Pandey on 16.1.1984 with regard to the premises in dispute. Smt. Janki Pandey became the owner and landlady on the basis of the sale-deed. But she did not choose to get herself impleaded as a party in the suit. She allowed it to proceed in the name of Durga Prasad Nigam.
(3.) THE suit was decreed on 10.1.1986 for ejectment and recovery of Rs. 1530 as arrears of rent. The Court further ordered for recovery of mesne profit at the rate of Rs. 45/- per month.;