( 1 ) M/s. Mahabir Pershad Tirlok Chand Charitable Trust was the plaintiff in the suit from which this appeal has arisen. The suit was filed for possession of a portion on the ground floor of property No. 2231 and shop No. 2232 situated in Masjid Khazoor, Dharmpura, Delhi. Mesne profits were also claimed. The case of the plaintiff was that Shri Babu Ram was a statutory tenant in the said property ; the contractual tenancy had been terminated by a notice given by Shrimati Vidya Wati, the owner of the property on 19th May, 1972. It claimed that Shri Babu Ram became statutory tenant from 1st July, 1972. On 30th April, 1975, Shri Babu Ram had died and thereafter Shri Duli Chand came into possession of the said property and was nothing more than a trespasser.

( 2 ) THE suit was tried by a Subordinate Judge First Class who decreed the suit with costs granting possession in favour of the plaintiff against the efendant and also a decree for Rs. 99. 00 as rent/damages. Shri Duli Chand has then appealed to this court.

( 3 ) IT may now be mentioned that in the written statement filed in the suit, it was claimed by the defendant that the plaintiff was neither the owner of the pr