Judgment

Santosh Hegde, J.-This appeal is preferred against the judgment and decree made by the High Court of Judicature at Allahabad dated 7th October, 1980 in Second Appeal No. 896 of 1972.

2. The original plaintiff (since deceased and now represented by legal representatives) had filed a suit for ejectment and recovery of arears of rent regarding House No. 124, Madhwapur, Allahabad, against the original respondents. The case of the plaintiff was that one Smt. Parago was the owner of the house in question and she sold the same on 8th of April, 1958 for a consideration of Rs. 1500/- which sale deed is registered and exhibited in the suit as Ex. 10. It is further contended in the plaint that she also executed a rent note Ex. 3 in favour of plaintiff and she occupied the said house from the date of the sale deed as a tenant on a monthly rent of Rs. 45/-. On the same day, a document of re-conveyance of the very same house was executed by the plaintiff in favour of Smt. Parago which was to take place within a period of 5 years. The said document was produced as Ex. 7.

3. The suit in question came to be filed after the death of Smt. Parago which occurred on 5.2.1964. The original first de