JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against a judgment dated February 20, 1980 of the Delhi High Court decreeing the landlords suit for ejectment of the tenant.

2. The facts giving rise to the present litigation are summarised in the judgments of the Rent Controller and the High Court and need not be repeated.

3. Shorn of details, the position seems to be that Baldev Singh took the premises, on rent on May 12, 1961 at a monthly rental of Rs. 95/-. At the time when the tenancy started, the tenant was living in the tenanted house with his father, mother, two sisters and a brother. The tenant himself was at that time a bachelor but seems to have married subsequently. One of his sisters was married in this very house.

4. As it happened, in1971 the tenant went to Canada followed by his wife and children. It is alleged that after having gone to Canada, the husband along with his wife took up some employment there. Admittedly, the tenant did not return to India after 1971. While leaving for Canada the tenant had left his mother and brother in the house who were regularly paying rent to the landlord. There is some controversy as to whether or not the mother and