( 1 ) THIS regular second appeal under section 100, Code of Civil Procedure, is directed against the order of the learned Senior-Subordinate Judge with enhanced appellate powers affirming on appeal the order of a learned Subordinate Judge 1st Class, dated 10th March, 1965, dismissing the plaintiff-appellant s suit for permanent injunction restraining defendant No. 1 from evicting him from the flat in dispute in execution of a decree for eviction passed against defendants Nos. 2 and 3 by the Kent Controller, Delhi. The suit was contested by defendant No 1, the other two defendants remaining absent and proceedings against them bing ex-parte.

( 2 ) IT is unnecessary to narrate all the facts leading to the conversy in question, because in this appeal, the direct contest only centres round the construction of sections 17 and 18 of the Delhi Rent Control Act 59 of 1958 (hereafter called the Act) and facts relevant for this purpose alone need be stated.

( 3 ) THE pleadings of the parties gave rise to five issue? on the merits. Issue No. 3 relating to the plaintiff s plea of his lawful possession as sub-tenant was decided in his favour, it being held that the plaintiff had been in