- (1.) Heard Sri Atul Dayal, learned counsel for the appellant and Sri Shad Khan, Advocate holding brief on behalf of Sri Tulika Prakash, learned counsel for respondents.
(2.) The following substantial questions of law were formulated by this Court while hearing this appeal under Order 41 Rule 11 C.P.C. which have to be answered by this Court: (I) Whether the construction raised by appellant on the land in dispute is permanent structure within the meaning of Section 29-A(2) of U.P. Act No. 13 of 1972? (II) Whether the construction aforesaid was raised with the consent of landlord?
(3.) Smt. Kamla Devi instituted Original Suit No. 633 of 1996 in the Court of 8th Additional Munsif, Kanpur. Sri Sundar Lal Bhatia and Sri Motiram Bhatia were impleaded as defendants. It was in respect to Plot No. 110/183, Ram Krishna Nagar, Kanpur. The two defendants were in joint tenancy of aforesaid accommodation. During pendency of suit, Smt. Kamla Devi died and thereafter her husband and other heirs and legal representatives were impladed as plaintiffs no. 1/1 to 1/3. The plaintiff prayed for a decree for ejectment of defendants and recovery of arrears of rent, mesne profits, damages etc.;