JUDGMENT

DESAI, J.:—A dispute of a trivial nature between a landlord and now his transferees and the tenant is awaiting disposal for over 3 decades thanks to the literal and unimaginative approach to the provisions of a procedural statute which times without number has been described as one for advancing justice and not to make a mockery of it.

2. A bungalow with an attached cottage situated at No. 1. Hailey Road, New Delhi was taken on lease by one E. B. Brook and he inducted the appellant as a sub-tenant in the cottage portion which may hereinafter be referred to as demised premises. Mr. Brook surrendered his tenancy and vacated the portion in his actual possession on April 1, 1955 simultaneously calling upon the appellant to hand over possession of the premises in his possession to the then landlord one Lakhmir Singh, who is no more. Appellant did not vacate the premises in his possession but reached an agreement with Lakhmir Singh, the then landlord on June 20/22, 1955 to become the direct tenant of the then landlord of the premises in his possession on a monthly rent of Rs. 277.50 p. as stated in plaint, effective from May 1, 1955. On October 10, 1955 appellant filed a petition