JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against a judgment of the Delhi High Court and arises out of an application filed by Respondent No.1 who claimed to the tenant of the appellant, recalling the warrant of possession issued by the Controller in pursuance of a decree dated 31-7-1961 passed against the 1st respondent.

2. The case had a rather chequered career having passed through several phases. To begin with the landlord-appellant executed a lease in respect of the disputed premises in favour of Respondent No.2 for three years as far back as 1-4-1942. In 1948, a suit was brought by the appellant for eviction of the tenant for non-payment of rent on the ground of conversion of the user of the premises. The suit for possession was however dismissed but a decree dated 31-11-1948 for arrears of rent was passed and it was held that Laxmi Bank was the real tenant. Subsequently, the Bombay High Court ordered the Bank to be wound up and in the winding up proceedings, the said High Court appointed an Official Liquidator who on 16-2-1961 sold the tenancy rights to Respondent No.1 - S. N. Jain. This sale was confirmed by the High Court on the same date and as a re