1. The plaintiff Ramchandra VI-that Sanghavi filed Suit No. 6578 of 1950 in the Court of Small Causes at Bombay against three deiendants claiming a decree for possession of a portion of the ground floor of a building known as Vishiani Building Lakshmi Napoo Road, Matun-ga, Bombay alleging that he was a sub-tenant of the suit premises. The plaintiff claimed a declaration of his right and also asked for an injunction restraining defendants 1 and 2, their servants and agents from interfering in any way with or obstructing the right, title and interest of the plaintiff as a sub-tenant in the portion of the premises described in. the plaint. The relief for declaration was plainly unnecessary because it was only if the plaintiff proved that he was a tenant or a sub-tenant that he could obtain a decree for possession.

2. The trial Court decreed the plaintiffs suit, and in appeal the decree, passed by the trial Court was confirmed. Thereafter execution was taken out by the plaintiff, and in execution the plaintiff was resisted by a third person. P. Krishna Nair, who claimed to be a transferee pendente lite of the rights of defendant 2. Evidently as a transferee pendente lite of one