Judgment

CHANDRACHUD, J.:- The respondent Radha Krishan who owns house No. 142, Katra Mashru, Delhi let out a portion thereof consisting of five rooms on the ground floor and two rooms on the second floor to one Lal Chand. He filed suit No. 42 of 1958 in the Court of the sub-Judge, Delhi for evicting Lal Chand and four others : Kesho Ram, Jhangi Ram, Nand Lal and Smt. Kakibai, alleging that Lal Chand had sublet the premises to them. The eviction of these persons was sought by the respondent on the grounds that (1) he required the premises for his own use and occupation; (2) he wanted to provide certain essential amenities for himself necessitating re-construction; and (3) that the tenant was in arrears of rent. By his judgment dated June 6, 1959 the learned Sub-Judge, First Class, Delhi decreed the suit on the first ground only and rejected the other two contentions. In an appeal filed by the defendants, the learned Senior Sub-Judge, Delhi confirmed the finding of the Trial Court that the accommodation at the disposal of the respondent was insufficient, but he thought that the needs of the respondent would be met adequately if he were given possession of the two rooms on the second