Judgement

GROVER, J. :- This is an appeal by special leave from a judgment of the Punjab High Court (Circuit Bench at New Delhi) dismissing a petition for revision directed against the concurrent judgments of the courts below dismissing the action for eviction filed by the appellant against the respondents from a premises on Ajmal Khan Road Karol Bagh, New Delhi.

2. The facts may be succinctly stated. By means of a rent deed dated February 13, 1950 the appellant, who is the owner of the suit premises inducted as a tenant Labha Mal Arora, now deceased who was a practising Advocate. Clauses (2) and (6) of the rent deed were in the following terms:

"2. That the tenant agrees to use the property for his residence.

6. That the tenant shall not assign or sublet the above said property or any part thereof without the written consent of the landlord or utilise the property for any purpose other than that mentioned above."

3. On the same date a letter Ex. D-2 was written by the appellant to the late Labha Mal Arora saying:

"As per our oral talk regarding your tenancy for my house No. 6/64, I have no objection your having your professional office along with residence there provided it is not inco