( 1 ) FEELING aggrieved by the order dated 5. 2. 2001 passed by learned Additional Rent Controller whereby the eviction petition of the petitioner seeking eviction sought on the petitioner was dismissed on the ground under Section 14 B of the Delhi Rent Control Act which entitles the members of the armed forces to recover immediate possession of the premises on his either release from the service or retirement was dismissed, he has preferred this petition.

( 2 ) THE eviction was sought on the ground that the petitioner has retired from the medical wing of Army where he held the post of Director General on 31. 7. 1995 having the rank of Major General.

( 3 ) THE suit preemies were originally owned by petitioner s father, who left behind his wife, the petitioner and his daughter as his LRs and consequently they became the joint owners of the suit property. During the life time of the father of the petitioner, petitioner s sister had started living in the house. Since the petitioner wanted to make additions in the premises in question he required the government loan and to facilitate this the mother and the sister relinquished their share in favour of the petitioner, t