B.AMIT STHALEKAR,J. - (1.) Heard Shri Ashok Nath Tripathi, learned counsel for the appellant.
(2.) This is the plaintiff's second appeal.
(3.) The plaintiff filed a suit for permanent injunction restraining the defendants from dispossessing the plaintiff from the suit property and not to interfere in her peaceful possession of the same. The case of the plaintiff was that she was a tenant in the suit premises Block No. 78 Bareilly Development Authority Colony Kargaina Badaun Road, Bareilly since 2002. Block No. 78 consists of two rooms and she was in occupation of both the rooms as tenant. She did not know who the landlord was but she was paying rent to the defendant no. 1 Ram Autar Agarwal. It was only when she received an application from the defendants no. 2 and 3 then she came to know that the suit property had been sold to the defendants no. 2 and 3 through a sale deed. A written statement was filed by the defendant no. 1 denying the plaint allegations. It was stated that the suit was filed on 2.1.2010. Block no. 78/1 was the ground floor and Block No. 78/2 was the first floor. The title of this entire block was with the Bareilly Development Authority (B.D.A.). The B.D.A. executed a sale deed in respect of Block no. 78/1 in favour of defendant no. 1- Ram Autar Agarwal on 25.3.2010. According to the defendant no. 1 he has no concern with Block no. 78/2. The defendant no. 1 in the written statement stated that he sold the suit property Block no. 78/1 to the defendant no. 3 through a registered sale deed dated 1.4.2010. A written statement was also filed by the defendant no. 2 Smt. Meenu in which it was stated that the disputed house no. 78/2 first floor belonged to B.D.A. and its title was never with the defendant no. 1 Ram Autar Agarwal. The B.D.A. executed sale deed dated 25.3.2010 in favour of one Sri Subhash Chandra Agarwal in respect of house no. 78/2 through a registered sale deed and the house no. 78/2 was acquired by the defendant no. 3 from Subhash Chandra Agarwal through a registered sale deed dated 1.4.2010. A written statement was filed by the defendant no. 3 Shailendra Chaudhary in which he reiterated the same facts as stated in the written statement of D.W. 1 stating that the title of house no. 78/1 was with B.D.A. The B.D.A. executed a registered sale deed of the said property in favour of defendant no. 1 Ram Autar Agarwal through a registered sale deed dated 25.3.2010. Ram Autar Agarwal in turn executed a duly registered sale deed dated 1.4.2010 in favour of Shailendra Chaudhary in respect of house no. 78/1 and thus the defendant no. 3 Shailendra Chaudhary is now the owner and title holder of house no. 78/1.;