N. K. Mehrotra, J.—This is second appeal against the judgment dated 19.4.1979 passed by IVth Additional District Judge, Lucknow in Regular Civil Appeal No. 130 of 1979, Ram Avtar v. Ram Kishore Seth and others, allowing the appeal and setting aside the judgment and decree dated 5.4.1977 passed by Munsif South, Lucknow in Regular Suit No. 784/68, Ram Kishore Seth v. Smt. Godawari Devi.

2. In this appeal, I heard Shri S. K. Mehrotra, advocate for the defendant-appellant. In spite of the best efforts, the learned counsel for

the respondents did not appear to argue the appeal. Firstly, the matter was adjourned on the request of Shri B. K. Saxena, advocate counsel for the respondents and then a notice was also sent to Shri B. K. Saxena, advocate by the registry for 15.9.2004 when this appeal was listed for hearing. On 15.9.2004, also Shri B. K. Saxena did not appear. Therefore, the appeal was heard finally.

3. The case of the plaintiff-appellant is that Plot No. 120 measuring 2480 sq. ft. situated at Paliganj Ward, Hussainganj, Lucknow was let out to late Shri Ramakant husband of the respondent No. 2 Godawari Devi and father of the other respondents, on a monthly rent of Rs.