Hence, this appeal by the original tenant.
He further companytended that he was a bona fide transferee and that he did number know about the earlier eviction proceeding initiated against the erstwhile tenant.
Before, however, possession companyld be taken pursuant thereto, Respondent 2 filed an objection before the Rent Controller companytending that in terms of an agreement he had arrived at with Respondent I he took possession of the suit premises on May 1, 1973 as a tenant under her.
Immediately thereafter the appellant filed an application under Order 9 Rule 13 of the Code of Civil Procedure which was dismissed by the Rent Controller.
Thereafter he moved the Delhi High Court by way of a second appeal which was allowed on the ground that as a bona fide transferee Respondent 2 had independent right to occupy the suit premises and his right companyld number be disturbed either in equity or in law under Section 144 of the Code of Civil Procedure.
However, in appeal the ex parte order of eviction was set aside by the Rent Control Tribunal and the proceeding for eviction filed by Respondent I was revived.
On such revival the appellant filed an application under Section 144 of the Code of Civil Procedure before the Rent Controller for restoration of his possession which was allowed by an order dated May 13, 1977 and warrant for possession was issued.
The Rent Controller overruled the objection so raised and the appeal preferred by Respondent 2 against the order of the Rent Controller was dismissed by Rent Control Tribunal.
Consequently, he companytended, he was number liable to be dispossessed pursuant to the warrant of possession.
In arriving at its companyclusion that as a bona fide transferee Respondent 2 companyld number be evicted from the suit premises numberwithstanding the order for restitution of possession passed in favour of the appellant the High Court equated the status of Respondent 2 with that of a bona fide purchaser in an auction sale.
The Judgment of the Court was delivered by MUKHERJEE, J. In February 1971 Smt Jaswant Kaur, Respondent I herein, initiated legal proceeding before the Rent Controller for eviction of her tenant, the appellant herein, and in execution of the ex parte order passed therein obtained possession of the suit premises in October 1971.
