( 1 ) C. M. (M) 672 of 2002 is directed against the judgment and order dated 2. 9. 2002 of the Additional District Judge, Delhi, in M. C. A. No. 1 of 2002 whereby the learned Judge, while adjudicating upon an appeal against the order of the trial court/civil Judge, Delhi, dated 21. 11. 2000 allowing an application under Order 39 Rules 1 and 2 CPC, held that the appeal was devoid of any merits and upheld the order of the trial court.

( 2 ) BRIEF facts of the case, as noted by the learned Additional District Judge, are that:

"sh. Abdul Ghaffar i. e. Father of plaintiff no. 1 and Shri Abdul Sattar i. e. Father of plaintiff no. 2 had purchased plot no. 40 in Hathi Khana Scheme, Bara Hindu Rao Road, Pul Bangesh, Delhi from Shri Mohd. Naqi in their joint names in the years 1944 and 1945. Both the aforesaid persons entered into an agreement in the year 1962 that they would let out the ground floor of the said plot after raising the construction over the same at monthly rent of Rs. 2000. 00. In the year 1962 the Punjab National Bank (to be referred as appellant bank) approached the father of the plaintiffs and entered into an agreement. The DDA did not grant no objection ce