JUDGEMENT :- This is an appeal arising out of a suit filed by Shital Prasad, the plaintiff, for recovery of arrears of rent and for ejectment of the defendant Shri Krishan. During the pendency of the suit, Shital Prasad sold the house to Babu Lal Jain. An application was filed for the impleadment of Babu Lal Jain.

2. An objection was raised to the maintainability of the suit on behalf of the defendant on the ground that as the plaintiff had sold the property to Babu Lal Jain on 14-1-1969, he was not entitled to get the decree. The objection was overruled on the ground that by the transfer of the house Shital Prasad, the plaintiff, did not lose interest in the property. The suit was decreed for the recovery of arrears of rent, but was dismissed for the relief of ejectment. Shital Prasad filed an appeal. His appeal was accepted, and the decree for ejectment was also granted in his favour. Aggrieved, Sri Krishan, the defendant, filed the present Second Appeal.

3. After filing the appeal, an application was filed on behalf of the defendant Sri Krishan for impleadment of Babu Lal Jain. On 23-11-1971, the application was rejected on the ground that the impleadment of Babu Lal Jain was not

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