JUDGMENT

Gyanendra Kumar, J. - This is an appeal by the defendant, the Central Bank of India, Lucknow, which is a tenant of the major portion of the house in question. Roorh Mal, who was the owner of the house and was the predecessor-in-interest of the present respondents, applied for permission under Section 3 of the U.P. Rent Control and Eviction Act to eject the appellant on the ground that he was heavily indebted to the tune of over Rs. 30,000/- and so he wanted to clear off his debts by disposing of the house in suit. It could not fetch proper price without his being able to deliver vacant possession to the purchaser. The Rent Controller and Eviction Officer, however, dismissed the application of the landlord by his order dated 22.6.1965. Thereupon the landlord, Roorh Mal, since deceased, filed a revision before the Commissioner of Lucknow Division, who allowed the same and granted the requisite permission by his judgment and order dated 1st February, 1966 to file suit for ejectment of the defendant bank. It appears that during the pendency of the suit, Roorh Mal died with the result that the present respondents were brought on record as his heirs and legal representatives.

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