K.C. Agrawal, J. - (1.) This petition is directed against an order of the III Additional District and Sessions Judge, Allahabad, dated Nov. 6, 1976.
(2.) Premises No. 46, Chak, Allahabad, was purchased jointly by one Smt. Lallo Devi and Smt. Urmila Devi wives of Shiv Murat Pande, respondent No. 2 in the year 1967. Urmila Devi was living at that time with her husband in a portion of house No. 94, Mahabiran Gali, Allahabad, which is the portion involved in the present case. Smt. Lallo Devi was living in another house in mohalla Chak, Allahabad. After some time an application was filed by Smt. Lallo Devi under Section 21 of U. P. Act No. XIII of 1972 for release of the premises in possession of the tenant, viz. house No. 46, Chak, Allahabad. Smt. Urmila Devi was arrayed as a co-respondent along with the tenant. The application was compromised. As a consequence thereof, the release application stood allowed on 27-11-1974.
(3.) After the aforesaid compromise was entered into and Smt. Lallo Devi acquired house No. 46, Chak Allahabad, an application was filed by Mathura Prasad, the owner of house No. 94, Mahabiran Gali, against Sheo Murat Pan-dey, the husband of Smt. Urmila Devi on the allegation that as the wife of the respondent No. 2 had acquired a portion of house No. 46, Chak, the premises No. 94, Mahabiran Gali, in possession of respondent No. 2, would be deemed to be vacant under Section 12 (3) of the Act. The application was resisted by Shiv Murat Pandey. It was alleged on his behalf that house No. 46, Chak Allahabad, was although a joint property of Smt. Lallo Devi and Smt. Urmila Devi (wives of Shiv Murat Pandey), but was exclusively for the purpose of Smt. Lallo Devi, and as such the acquisition of that building for Smt. Lallo Devi could not amount to acquisition of the house by Smt. Urmila Devi (wife of Shiv Murat Pandey).;