( 1 ) THIS petition is directed against the judgment dated 6. 4. 2002 of the Additional Rent Controller, Delhi in Petition No. E-862/00 (Old No. 3/94) and E-863/00 (Old no. E-174/94) wherein the Additional Rent Controller has decreed the Suit of the landlord under Section 14 (1) (e) of the Delhi Rent Control Act (for short the Act ) but dismissed it under Section 14 (1) (h) of the Act.

( 2 ) BRIEF facts of the case as noted by the additional Rent Controller are as follows:-

". . . . . THAT the respondent Sh. R. S. Paintal was inducted as tenant by the previous landlady, who happened to be the late mother of the present petitioner Sh. Narinder Nath bakshi. The tenanted premises comprised of two rooms, kitchen, bathroom, W. C. , balcony in property bearing no. 23/2, First Floor, Double Storey, Ramesh Nagar, New delhi and the rate of rent agreed was Rs. 25/- per month. No written agreement was executed. It is alleged that after demise of the previous owner/landlady, the petitioner became the owner by virtue of a Will executed in his favour in May, 1981. The petitioner is at present living in accommodation exactly similar to that in possession of the respondent i. e. on