1. Heard Sri Shiv Nath Singh, learned counsel for the applicants. Sri Sharad Malviya and Sri Arvind Srivastava, Advocates are present for respondents.

2. The applicant is the plaintiff-appellant and had instituted second appeal under Section 100 C.P.C. assailing judgment dated 10.01.1983 passed by Vth Additional District Judge, Kanpur whereby Lower Appellate Court while allowing defendants' appeal set aside the Trial Court's judgment and decree dated 18.09.1980, whereby plaintiff-appellant's suit was decreed.

3. The Original Suit No. 1861 of 1970 was instituted seeking ejectment of defendants-respondents from House No. 59/86 of which plaintiff-appellant claimed to be landlady and owner and defendants-respondents, the tenants. The plaintiff had also claimed arrears of rent and mesne profits etc. The suit was decreed by Trial Court in respect to relief No. A, B, C and D with cost vide judgment dated 18.09.1980. The judgment and decree of Trial Court was reversed by Lower Appellate Court vide judgment dated 10.01.1983.

4. The second appeal was entertained by this Court on 05.09.1983 on the following substantial questions of law:

(a) Whether the view of Lower Appellate C