JUDGMENT

SEN, J.:—This appeal by special leave by the appellant Ram Murti is directed against the judgment of the Delhi High Court dated August 10, 1982# dismissing his second appeal under S. 39 and upholding the. Judgment and order of the Rent Control Tribunal dated August 23, 1977 affirming an appeal against the order of the Second Additional Rent Controller, Delhi dated March 8, 1976 and directing his eviction from the suit accommodation under S. 14 (1) (a) of the Delhi Rent Control Act, 1958.

#Reported in (1982) 2 Rent CJ 635.

2. It is common ground that the parties stand in the relation of landlord and tenant. Respondent No. 1 Bhola Nath who is the landlord made an application dated December 18, 1968 claiming eviction of the appellant and respondent No. 2 Basant Lal who is his brother-in-law on the grounds mentioned in S. 14 (1) (a) and (b) of the Act. It was alleged that although the appellant had taken the premises on rent from the Custodian of Evacuee Properties. @ Rs. 18/- per month, he vacated the premises after respondent No. 1 acquired the same and there was a new tenancy created in his favour on March 1, 1961 on a monthly rent of Rs. 80/-. On an application made by respo