Judgment

VAIDIALINGAM, J. :- In this appeal, Mr. Hardev Singh, learned counsel on behalf of the tenant-appellant, challenges the judgment and order dated December 7, 1970 of the Delhi High Court in S.A.O. No. 110-D of 1966. Special leave has been granted by this Court limited to the question whether the High Court was justified, in view of Section 39 (2) of the Delhi Rent Control Act, 1958 (hereinafter called the Act) in setting aside the decisions of the two subordinate authorities, dismissing the application filed by the respondent-landlord for evicting the appellant.

2. The facts leading up to this appeal may be briefly stated. The appellant took on lease, the first floor of the premises in question from the respondent on January 22, 1964 on a monthly rent of Rs. 250/-. The respondent who was the owner of the entire premises was then occupying the ground floor. The landlord filed an application, before the Rent Controller on November 26, 1964 for eviction of the appellant from the portion in his occupation as lessee, on two grounds; (a) that the tenant has sublet a part of the premises, and (b) that he required the premises bona fide for his occupation as a residence for himself a