JUDGMENT

RANGANATH MISRA, J.:— The landlord whose application for eviction of the tenant, respondent before us. was rejected by the High Court by reversing the order of the eviction passed by the Additional Rent Controller has come before this Court on obtaining special leave and the short point arising for consideration is as to the true meaning of a clause in the rent deed.

2. The respondent was admitted into tenancy of the premises in question under a lease deed dated 5th January, 1968. Clause 12 thereof provided :

"That the lessee shall use the premises for the purpose of Residential / Personal office only and not for commercial purposes." (Underlinings are our own).

The landlord, appellant before us applied to the Controller on March 14, 1972. for eviction of the respondent under Section 14 (1) (e) of the Delhi Rent Control Act. 1958 (the Act for short). The tenant obtained leave to contest and pleaded inter alia, that the premises were let out both for residential as also office and the composite purpose of the tenancy took the premises out of the purview of residential accommodation. The Controller did not accent the defence and passed an order for eviction, Thereupon the tenan