( 1 ) THIS is landlords petition arising out of the judgment and order dated 31-7-1992 passed by respondent No. 1 in the revision filed against the judgment and decree dated 12-8-1988 passed by Addl. J. C. C. Kanpur. The revisional Court has allowed the revision and dismissed the plaintiffs suit for ejectment.

( 2 ) A suit for recovery of arrears of rent, damages and ejectment was filed by the petitioner against Sri A. K. Gaur, the tenant, alleging therein that the defendant was tenant at the rate of Rs. 100. 00 per month and he was in arrears of rent from 1-10-1965. The premises were post 1951 construction and hence U. P. Act No. III/1947 did not apply. The tenancy was terminated by serving upon the tenant a notice under Section 106 of the Transfer of Property Act on 10-12-1986. During the pendency of the suit Sri A. K. Gaur died before the enforcement of U. P. Act No. 13 of 1972. His heirs wife and others, present respondents No. 3 to 5 were brought on record. The defence was that roof of the second floor was also included in the tenancy of the tenant and the rent was originally agreed at Rs. 60. 00 per month and on the assurance of the plaintiff that he would allo