( 1. ) THIS appeal has been preferred by the judgment-debtor-appellant against the order passed by the Additional District Judge, Gwalior, in Case No. 7-A/1964-73 (Execution), dated 13th May 1976, directing delivery of possession to the respondent in execution of the decree for specific performance.

( 2. ) IT is not disputed that as no stay was granted in this appeal, the possession has already been handed over to the respondent, but it was stated on behalf of the appellant that this possession was handed over when a warrant was issued for possession subject to the decision of this appeal.

( 3. ) THE facts necessary for disposal of this appeal are that the property originally belonged to one Hidayatullah. His son, Hasmat Ullah was acting as a Mukhtiyar oh behalf of his father. It is not in dispute that this property consisted of shops and residential accommodation and the appellant Bata shoe Co. was the tenant in a shop in this building whereas the respondent was also a tenant in one of the shops. It is alleged that on 30-11-1958, Hasmat-ullah representing himself to be Mukhtiyar holding a power of attorney from his father Hidayatullah entered into an oral agreement with th