Judgment

RAY, CJI. - This appeal is by certificate from the judgment dated 8 February 1965 passed in Regular First Appeal No. 59-D of the 1956 by the High Court of Punjab Circuit Bench at Delhi.

2. The appellant filed suit against respondent No. 2 herein and claimed possession of suit premises. Respondent No. 2 had taken possession of the premises on 1 February 1954. On 17 September 1954 respondent No. 2 gave notice to the appellant that the premises occupied by it would not be required by it after 30 September 1954.

3. The controversy is that respondent No. 2 did not deliver vacant possession to the appellant or his son though the appellant specifically wrote to the respondent in that behalf.

4. The case of the respondent is that the respondent had entered into possession on 1 February 1954 and one Gaya Prasad agent of the appellant had let the respondent into possession. The same Gaya Prasad who as agent of the appellant had let the respondent into possession took vacant possession of the premises.

5. The appellants suit apart from possession was for mesne profits. The High Court upheld the decree for Rs. 600/- against the respondent. There is no dispute with regard to that portion of