Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Vinay Khare, learned counsel for the petitioner, who has put in appearance today and filed a rejoinder-affidavit and Sri P.K. Srivastava, who has appeared on behalf of the respondent No. 1.

Facts—

2. Briefly stated facts of the present case are that the petitioner defendant claims to be a tenant of a portion of a building bearing House No. 112/265, Swaroop Nagar, Kanpur Nagar from last over 60 years and has inherited the tenancy from her father, late Sri R.P. Chaturvedi. Undisputedly, the tenanted building was originally owned by one Sri Atma Ram who admitted the father of the petitioner defendant in tenancy. According to the petitioner defendant, the rent was being lastly realized by one Sri Sita Ram. Undisputedly both Sita Ram and the plaintiff respondent No. 1 belong to the family of Sri Atma Ram in line of succession. According to the plaintiff respondent No. 1, a family settlement took place on 17.1.1998 in which, the tenanted portion fell in share of the plaintiff respondent No. 1 who as well as the aforesaid Sri Sita Ram informed the petitioner defendant that the plaintiff respondent No. 1 is the landlord. It is alleged by