ORDER

1. Leave granted.

2. This appeal arises against the judgment of the Allahabad High Court in Second Appeal No. 89 of 1990 dated December 21, 1992. The facts in a nutshell are that the appellant-plaintiff basing on title laid the suit for possession and mesne profits against the respondent. The respondent was inducted into possession of M.I.G. flat allotted to her by the Lucknow Improvement Trust later renamed as Lucknow Development Authority. The rent was Rs. 30 per month. It was covenanted that the respondent should pay every month a sum of Rs. 24.50 to the L.I.T./L.D.A. and the balance to the appellant. On March 15, 1971 the appellant go issued a notice under Section 106 of the T.P. Act determining the tenancy for default committed in payment of the rent. Thereon, the respondent replied that the appellant was only his benamidar and he is the real owner of the property. The appellant paid the instalments and got the sale deed executed in 1977 by L.I.T. or L.D.A. Suit notice was issued in 1978 on the ground that the denial of the appellants title constitutes forfeiture of the tenancy which the respondent had with the appellant. The respondent reiterated in his written statemen