( 1 ) THE question that this petition under section 115 of the Code of Civil Procedure raises is as to the precise scope of the functions and the extent of powers of the Court when called upon to consider if the plaintiff has a prima facie case so as to entitle him to an interim protection and has arisen in the following circumstances:

( 2 ). Respondent No. 1 herein is the owner of the premises in dispute and had succeeded in hotly constesting proceedings in obtaining an order for the eviction of Goverdhan Lal Kapur, respondent No. 3 here in and father of the petitioner. The proceedings for the eviction of Goverdhan Lal Kapur culminated in an order made by the Supreme Court of India on 3rd November, 1972 dismissing his Petition for Special leave to Appeal against a judgment of this Court whereby his Second Appeal against the order of eviction was dismissed. The suit out of which this revision has arisen, was filed by the petitioner on 7th November. 1972 for a declaration that the petitioner was a tenant in respect of the premises in dispute under respondent No. 1 by virtue of a letter written by respondent No. 1 to the petitioner dated 24th September, 1970 by which t