JUDGMENT

Shah, J.-Leave granted

2. It is the say of the appellant that he let out suit premises admeasuring 10ft. x 8 ft. which is part of his residence to the respondent at the rent of Rs.200/- per month. After retiring from service he started practice as an Advocate in a small room admeasuring 8 ft. x 7 ft. in the rear side of the suit premises which is let out to the respondent. He filed H.R.C. No.2757 of 1992 for bona fide requirement on the ground that his son needed it to start a new business and also for his office purposes as he required access to his chamber by providing a door in the common wall and for keeping library books. The tenant Balraj promised that he would vacate the promises and hand over vacant possession of the premises. Therefore, by memo dated 6th December, 1994 the appellant submitted as under:

"The petitioner does not press the petition for the present and he prays that the petition may he disposed of accordingly."

3. The tenant Balraj died on 3rd February, 1997 and the premises at present is occupied by his son, the respondent herein. On 24th August, 1998, appellant filed H.R.C. No. 10292 of 1998 for recovering of possession of the suit premises on the gro