Judgment

RAMASWAMI, J.-This appeal is brought by special leave from the judgment of the Allahabad High Court, dated the 20th May, 1965, in Second Appeal No. 3858 of 1962.

2. The respondent Jageshwar Prasad purchased house No. 18/168 situated in Kursawan Muhalla, Kanpur city, from one Harinarayan, under a registered sale deed, dated 22/23 January, 1946. At the time of the purchase by the respondent, a portion of the house was in the occupation of one Shri Jagmohan Lal. After purchasing the house, the respondent filed a suit for recovery of possession and mesne profits against Jagmohan Lal and the suit was decreed by the First Civil Judge, Kanpur, on 6th December, 1947. In execution of the decree, the respondent obtained possession of the house on 30th January, 1961. In 1962 the respondent filed suit No. 1138 of 1952 in the Court of the Judge, Small Cause, Kanpur, against the appellant and Smt. Kamla Devi for recovery of Rs. 580/- as arrears of rent for the period 30th January, 1961 to 30th March, 1962. In the suit the appellant put in appearance in September, 1955 and prayed for leave to contest the suit and the Court by its order, dated September 22, 1955, granted him permission to