Judgment

Nanavati, J.-The correctness of the judgment of the Delhi High Court in Civil Revision Application No. 379 of 1997 is questioned in this appeal. The High Court dismissed the revision application filed by the landlord against the order passed by the Rent Controller granting leave to the respondents to defend the eviction petition.

2. The appellant is the owner of the premises which are now in posses­sion of the respondents. As he was to retire from Central Government service on 30.11.1996 he filed an eviction petition against both the respondents, in the Court of the Rent Controller, Delhi under Sections 14(1)(e) and 14C of the Delhi Rent Control Act, 1958 on the ground that he requires the premises bona fide for his residence. In his petition he has stated that Respondent No. 1, Jai Devi in his tenant but as Respondent No. 2, her husband, has been claiming that he and not his wife is the tenant of the premises the eviction petition is filed against both of them to avoid any technical objection. Both the respondents appeared before the Rent Controller and filed separate applications for leave to defend. They have raised a dispute that Respondent No. 2 is the tenant and not Re