Judgment

BACHAWAT, J. : This appeal raises a question of construction of S. 38 (1) of the Delhi Rent Control Act, 1958 ( Act 59 of 1958). The appellant is a tenant of premises No. 7 Sriram Road, Delhi, under the respondent. The respondent made an application to the Controller for eviction of the appellant on the ground that he bona fide required the premises for his occupation. The respondent resides at No. 17, A1ipur Road, Delhi. The appellant filed an application before the Controller alleging that the accommodation in premises No. 17, Alipur Road consisted of more than three rooms and consequently, the respondent did not bona fide require the premises in dispute for his own occupation and praying for the issue of a commission to go to No. 17, Alipur Road and to prepare a plan of the premises. By his order dated May, 29, 1965 the Controller rejected the application. He said :

"The petitioner came into the witness box and the responder had full opportunity to cross-examine him regarding the extent of accommodation in his possession. He has stated that the other portions of 17, Alipur Road, Delhi are in possession of other persons. Previously also, such an application was made by the