( 1 ) THIS appeal under Order 43 Rule 1 (r) of the Civil Procedure Code has been filed by the appellant, who is the plaintiff in the suit before the Trial Court, against order dated 20. 3. 1992 passed by an Additional District Judge, Delhi whereby his application under Order 12 Rule 6, Order 39 Rule 10 (wrongly mentioned in the order as under Order 39 rules 1 and 2) and section 151 of the Civil Procedure Code. for interim relief, i. e. , for order for payment of arrears of damages w. e. f. September, 1989 at the admitted rate of rent of Rs. 4,000. 00 per month has been disallowed.

( 2 ) THE respondent has died during the pendency of this appeal and his legal representatives have been substituted.

( 3 ) BRIEFLY, the facts are that the appellant claiming to be Landlord of the premises No. A-46, Kailash Colony, New Delhi has filed a suit against the deceased respondent (defendant in the Trial Court) for possession of demised premises and for recovery of arrears of damages/mesne profits. It was alleged that defendant was tenant since 1. 11. 1977 at a monthly rent of Rs. 4,000. 00 exclusive of water and electricity charges, his tenancy was terminated first by means of a n