Gokal Chand Mital, J.

1. Smt. Kalawati was the owner of the property in dispute. Rajesh Gupta, her daughters son, file a suit for declaration against her claiming ownership of the property in dispute on the basis of some family arrangement. Smt. Kalawati confessed judgment and decree for declaration was passed in favour of Rajesh Gupta against Smt. Kalawati on 25th March, 1976 (Exhibit A. 4) by the Civil Court. The property in dispute was in possession of Mahabir Parshad as a tenant. Rajesh Gupta, after becoming owner of the property, filed a petition for ejectment on 13th December, 1976, against Mahabir Parshad on the ground of personal necessity and arrears of rent and pleaded all the necessary ingredients. Since the arrears of rent were tendered on the first date of hearing, therefore, only the ground of personal necessity remained to be decided

2. In the written statement, Mahabir Parshad pleaded that he was a tenant of Smt. Kalawati and stated that the applicant had no concern with the house. It was further pleaded that the transaction between the applicant and Smt. Kalawati was a fraudulent one and even if the applicant was proved to be owner of the property in disput