( 1 ) AGGRIEVED by the order of dismissal of the petition on the ground of Section 14 (1) (h) of the Delhi Rent Control Act by the Addl. Rent Controller and Rent Control Tribunal on the ground that the petitioner has failed to made out a case under proviso (h) of Section 14 (1) of Delhi Rent Control Act, the appellant/landlord has filed this second appeal.

( 2 ) RESPONDENT is a tenant in respect of premises bearing No. 81, Pashchmi Marg, Vasant Vihar, New Delhi having five bed rooms, drawing room and dining room on a plot of land admeasuring 800 sq. yards. Premises were let out to the respondent at the rate of Rs. 1,500. 00 per month by a registered lease-deed dated 1. 4. 1970 for a period of three years for residential purposes with option for another two years. Lease was finally expired in the end of March, 1975 by efflux of time.

( 3 ) PRESENT eviction petition was filed in the year 1985. The ground taken was that the wife of the tenant Smt. Sudesh Ramana has built a very commodious residential house bearing No. S-248, Panchsheel Park, New Delhi, which was then let out at a monthly rent of about Rs. 10,000. 00 per month. It was further contended that the respon