( 1 ) THE present Second Appeal is directed against the judgments dated September 3, 1991 and October 19, 1992 respectively passed by the Additional Rent Controller and Rent Control Tribunal, Delhi.

( 2 ) THE respondent filed a petition for eviction of appellant No. 2, Subhash Chander Bali from premises, B-72 (A-Type) Double Storey Quarters, Ramesh Nagar, New Delhi on the allegations that the premises were let out for residential purposes; the appellant No. 2 has, on or about July, 1981, acquired a DDA flat bearing No. 201, Pocket- 4- A/c Janakpuri, New Delhi. An alternative plea was also taken that the said appellant also acquired flat No. 85-A, Pocket A-6, Janta Flats, Paschim Vihar, New Delhi from DDA. Therefore, he was liable to eviction under the provisions of Section 14 (1) (h) of the Delhi Rent Control Act (hereinafter REFERRED TO as the Act ).

( 3 ) THE petition was contested on the ground that no relationship of landlord and tenant existed between the parties as the respondent was not the landlord: The premises were taken on rent by Shri K. R. Bali, deceased father of appellant No. 2 and husband of appellant No. 1. The premises are in the use and enjoymen