Judgment

A.K. Mathur, J.—Leave granted.

2. This appeal is directed against an order passed by learned Single Judge of the High Court of Delhi at New Delhi in Civil Miscellaneous Main No. 328 of 2003 on July 23, 2004 whereby the order dated April 24, 2003 passed by the Rent Control Tribunal which dismissed the appeal of the respondent herein arising out of the order of the Additional Rent Controller Delhi who decreed the eviction of the respondent under Section 14(1)(h) of the Delhi Rent Control Act 1958 (hereinafter to be referred to as “the Act”) was set aside and the case was remitted back to the trial Court. Aggrieved against this order, the present petition by way of special leave petition was filed. It may be relevant to mention here that the plaintiff filed a suit for eviction of the respondent from the premises under his tenancy in the House No.11/8, Sarvapriya Vihar, New Delhi under Section 14(1)(h) of the Act. The premises in question having one drawing room, one bed-room, kitchen, bath room and one W.C. situated on the second floor was let out to the respondent on a monthly rent of Rs. 2200/- by the appellant. No rent agreement was executed. The respondent was residing in t