JUDGEMENT : - This first appeal is directed against the judgement and order of the Additional District Judge dated 25th August 1981 restraining the appellant-defendant from taking possession of Plot No.65-A, Hansapuri, Rampur, Main Road, Tri Nagar, Delhi in execution of the decree passed in his favour against the respondent/plaintiff and another in suit No.450 of 1977 by Shri Shiv Charan, Sub-Judge, Delhi on 25th October 1979. Learned counsel for the appellant, submits that the impugned order could not have been issued against the appellant under O.39 Rr.1 and 2 of the Civil P.C. as the said provisions were not applicable and that even under inherent powers the trial court ought not to have exercised discretion in favour of the plaintiff.

2. Briefly the facts are that the appellant is the owner of the plot of land in suit. He let out the same to one Ravi Dutt in 1972 in terms of a rent note. Ravi Dutt, tenant sublet, assigned or otherwise parted with the possession of the plot to Som Nath, respondent. A notice of eviction was served upon the tenant terminating his tenancy. In 1977 the appellant filed a suit for possession against his tenant Ravi Dutt as well as sub-tenant S