JUDGMENT :

"Main questions involved in this petition are:-

(a) Whether a judgment beyond pleading is sustainable?

(b) Whether owner of a building who inducted a person as tenant, is not landlord of the building for reason that the building is constructed over a leased land which is owned by Cantonment Board?

(c) Scope of a rent case?"

1. Heard Sri Manish Tandon, learned counsel for the plaintiff-petitioner and Sri Shaktidhar Dube holding brief of Sri Neeraj Dube, learned counsel for the defendant-respondent No.2.

FACTS

2. Briefly stated facts of the present case are that one Sri A.P.S. Carvalho has obtained lease of Survey No.551/198 from the Cantonment Board, Kanpur measuring 4560 square feet, which was registered on 13.03.1947. He also obtained permission from the Cantonment Board, Kanpur to construct the building over the demised land which was granted by the Cantonment Board, Kanpur, vide letter No.1/6/8156 dated 13.11.1964. However, the aforesaid Sri A.P.S. Carvalho transferred the leased land to the original plaintiff Smt. Lakshmi Devi by a registered deed dated 11.05.1965. The aforesaid transfer was regularised by resolution of the Cantonment Board dated 22.10.1982 with reference t