( 1 ) DR. Avinash Mithal, respondent/landlord had sought ejectment order against his tenant Dr. Chander Sain Berry, petitioner herein. Dr. Avinash Mithal decided to come back to India from London alongwith his wife and settle permanently in his own house. The petitioner herein sought leave to contest the petition, mainly on the ground that the landlord/owner had no intention to settle in India as he was happily settled in London. He wants to sell the house or give the same to a contractor for reconstruction purposes. He does not want to live here. The fact that he has no intention to live in India can be inferred from the fact that his daughters are not interested to come with him to India. They have permanently been settled in United Kingdom. One daughter is married in England. She is a Doctor. Other two daughters after completing their education have taken up work at England. Hence it is only a wish of the petitioner to come to India in order to get the house vacated. He has put up a makebelief desire made with an ulterior motive to get the house vacated and thereafter sell it. By the impugned order, the Additional Rent Controller (in short ARC) did not find any su