JUDGMENT

M.K. Mukherjee, J.

1. In February 1971 Smt. Jaswant Kaur, the respondent No. 1 herein, initiated legal proceeding before the Rent Controller for eviction of her tenant, the appellant herein, and in execution of the ex parte order passed therein obtained possession of the suit premises in October, 1971. Immediately thereafter the appellant filed an application under Order 9 Rule 13 of the Code of Civil Procedure which was dismissed by the Rent Controller. However, in appeal the ex-parte order of eviction was set aside by the Rent Control Tribunal and the proceeding for eviction filed by the respondent No. 1 was revived. On such revival the appellant filed an application Under Section 144 of the Code of Civil Procedure before the Rent Controller for restoration of his possession which was allowed by an order dated May 13, 1977 and warrant for possession was issued. Before, however, possession could be taken pursuant thereto, the respondent No. 2 filed an objection before the Rent Controller contending that in terms of an agreement he had arrived at with the respondent No. 1 he took possession of the suit premises on May 1,1973 as a tenant under her. He further contended that h