Judgment

KAILASAM, J.:- The first defendant in the suit is the appellant before us. The suit was filed by the plaintiff, the daughter of one Shiv Prasad Rajaram for a declaration that she is the lawful tenant of the two defendants and for an injunction restraining the defendants from executing decree in R.A.E. Suit No. 1945 of 1957. In the plaint, the plaintiff claimed that her father Shiv Prasad Rajaram was a tenant and after his death, she became the statutory tenant. She further pleaded that though the first defendant had obtained a decree against her mother in R.A.E. Suit No. 1945 of 1957, he could not execute the decree against her as the first defendant had sold the property during the pendency of the earlier suit to the second defendant and thus the second defendant has become the landlord. In the suit the second defendant did not file any written statement. The Trial Court as well as the Appellate Court dismissed the appeal. But in revision, the High Court decreed the suit mainly on the ground that the first defendant had sold the property to the second defendant and as such in law the second defendant had become the landlord. As the second defendant did not file any written