JUDGMENT

TULZAPURKAR, J. :—This appeal by special leave is directed against the judgment and order dated Dec. 6, 1976 of the Delhi High Court dismissing the appellant-landlords application for eviction under Sec. 14A (1) read with S. 25B of the Delhi Rent Control Act 1958, which provisions were inserted therein by Delhi Rent Control (Amendment) Ordinance, 1975 (No. 24 of 1975) subsequently replaced by the Delhi Rent Control (Amendment) Act No. 18 of 1976.

2. The appellant-landlord being a Government servant was at the material time in occupation of a residential accommodation bearing No. B-11/791, situated at Lodhi Colony, New Delhi, the same having been allotted to him by the Central Government. It appears that he owns a two and a half storied residential house bearing No. F-43, Green Park, New Delhi, in his own name. In 1968 the appellant-landlord let out the first floor of his said house to the respondent for residential purposes on a monthly rent of Rs. 300/- which was later on increased to Rs. 400/- per month, exclusive of electricity and water charges. By a general order dated Sept. 9, 1975, the Government of India, Ministry of Works and Housing, Directorate of Estates, took a