Judgement

HIDAYATULLAH, C.J.I. : This is an appeal by a tenant who bad rented a shop No. 2687 in Kinari Bazar, Delhi from the respondent on Rs. 13.50 P. per month. In those premises be was selling Usha sewing machines and fans. It appears that the level of the shop was too high from the road and his clients were troubled in going to his shop and so he lowered the level and thereby altered the premises to suit his convenience. The landlord thereupon filed a suit against him for his eviction under Section 13 (1) (k) of the Delhi and Ajmer Rent Control Act, 1952. The suit was filed on November 13, 1957. The trial Court ordered on February 19, 1959, ejectment and payment of Rs. 145 as arrears of rent. An appeal against the order of the trial Court was dismissed by the appellate authority on November 16, 1959. A revision application was then filed by the tenant on March 25, 1960. During the course of that revision he invoked the provisions of the Delhi Rent Control Act, 1958 which had come into force on February 9, 1959 and relied upon Section 14 (1) of the new Act read with Section 57. Previously he had not relied upon the new Act although the Act had been in force during the pendency o