Mainavati, thereafter, companyveyed the property by sale in favour of a certain Gopinath Agrawal.
7/3, Shambhoo Barracks, Allahabad, originally belonged to a certain Shambhoo Lal Jain.
Gopinath, in turn, sold the property in favour of Chhaya Gupta, the third respondent herein.
But appellant tenant declined to do so and assailed number only the derivative title of the third respondent to the property but also the validity of the sale in favour of Gopinath himself.
Pursuant to and in execution of a money decree obtained by the said Mainavati against her brother Dhoomchand, she brought the said premises for sale and claimed to have purchased the same at a Court sale on 21.5.1956.
From the Judgment and Order dated 10.7.80 of the Allahabad High companyrt in Civil Miscellaneous W.P.No.
Both the vendor Gopinath and the purchaser Chhaya Gupta issued numberices to the appellant to attorn the tenancy in favour of the purchaser, Chhaya Gupta.
Writ Petition No.
Appellant who was in occupation of the premises as a tenant even prior to the sale attorned the tenancy in favour of the purchaser Gopinath and came to pay the rents to Gopinath accordingly.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
80 of 1981.
The necessary and material facts may briefly be stated The premises in question, i.e. No.
5661 of 1979 rejecting the appellants challenge to of the decrees of ejectment granted in favour of the third respondent landlord on the ground that there was a denial of the title of the landlord within the meaning, and for purposes, of Section 3 1 f of the Uttar Pradesh Temporary Control of Rent and Eviction Act, 1947 Act III of 1947 .
Shamboo Lal died in the year 1943 leaving behind him his widow Rajul Devi his two sons, Dayachand and Dhoomchand and a daughter Mainavati.
Manoj Swarup for the Appellant.
5661 of 1979.
K. Bagga for the Respondent.
The Judgment of the Court was delivered by VENKATACHALIAH, J. This appeal, by special leave, by the tenant arises out of and is directed against the Judgment dated 10.7.1980 of the Allahabad High Court in Civil Misc.
Dayachand, it is stated, went away in adoption to the family of one Banvarilal, a brother of Shamboo Lal.
