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 decision, in supersession of all previous orders on the subject, that Government servants who have or own houses at the place of their posting, within the limits of any local or adjoining municipality, should be required to vacate Government accommodation allotted to them, within three months from the 1st of October, 1975 and that in default of their vacating Government accommodation by December 31, 1975, they should be charged enhanced licence fee at the market rates. Pursuant to this decision, by a general order dated September 30, 1975, issued by the Cabinet Secretariat, Government of India, all officers and members of the staff who owned houses in their own names or in the names of their families and were occupying Government accommodation were called upon to vacate the Government accommodation within three months with effect from October 1, 1975, failing which they were informed that they which would be charged market rent after such date. Copies of this order were circulated to all Offices and Branches at Headquarters and all outstation offices for information and in particular a copy was also forwarded to the appellant-landlord who happened to be the Accounts Officer, Pay and Accounts Office, Dept. of Supply, Government of India. In view of this order dated September 30, 1975, the appellant-landlord on December 19, 1975 filed an application under Section 14A (1) read with Sec. 25B of the Delhi Rent Control (Amendment) Ordinance, 1975 (No. 24 of 1975) for eviction of the respondent-tenant from the first floor of house No. F-43, Green Park, New Delhi, on the ground that he had been asked to vacate the Government accommodation on account of his owning a house in the Union Territory of Delhi and had incurred an obligation to pay penal licence fee in default. In response to the summons served upon him in accordance with the Third Schedule under Sec. 25B (2) of the said Ordinance the respondent-tenant filed on January 16, 1976 an application supported by a detailed affidavit, seeking leave to contest and defend the case on several grounds. First, it was contended that the summary procedure provided under Section 25B was available not for an application filed under Sec. 14A (1) but only for an application seeking eviction on ground of personal bona fide requirement under S. 14 (1) (e) of the Delhi Rent Control Act. Secondly, it was contended that even otherwise since according to the landlords own showing he had retired from Government service on November 30, 1975 and was, therefore liable to vacate the Government accommodation, the application under S. 14A (1) was not maintainable : in other words, Section 14A (1) was not meant for a retired Government servant or a Government servant who was transferred outside Delhi. Thirdly, it was contended tha