( 1 ) LEARNED counsel for the parties agreed and have made a statement that this F. A. F. O. may be decided on the basis of the documents filed with the affidavit (sworn by Yogesh Kumar Garg on behalf of the Appellant) in support of the stay Application in the present First Appeal from Order and hereinafter called the Affidavit. None of the parties have referred to any papers in the Respondents Paper Book.

( 2 ) THE salient and relevant factual details, necessary for appreciating the contentions of the parties in the present First Appeal from Order are as hereunder : one Shiv Kumar Jatia (plaintiff-appellant)filed Original Suit No. 496 of 2001 primarily on the ground that disputed property is municipal No. 365, Harris Ganj, Kanpur cantt. , Kanpur, (referred to as premises No. 4927, Cawnpur Cantt. Board in the lease-deed dated 1-1-1895 (Exbt.-I on the record of the trial Court), and pleaded, inter alia amongst others, that plaintiff is the successor-in-interest of the Lessor whereas the defendant S. R. G. P. Industries/defendant is the lessee; copy of the lease dated 1-1-1895 is Annexure-3 to the affidavit (page 37 of the F. A. F. O. paper book ). Copy of the plaint of