( 1 ) THIS appeal is directed against the order dated 15th July, 1980 passed by Shri V. S. Aggarwal, the then Rent Control Tribunal, Delhi in RCA No-245/77.

( 2 ) BRIEFLY, stated the facts of the case are that the appellants who are the owners and landlords with regard to the property bearing No. 5958, Jawahar Nagar, Delhi filed an eviction petition under Section 14 (1 ) (e) of the Delhi Rent Control Act, 1958 (in short the act) against three tenants including the respondent Shri Arjun Dev who is a tenant with regard to a flat on the first floor of the said house. Admittedly, this flat was let out to the respondent for residential purpose. Shri O. P. Dwedi, the then IIIrd Additional Rent Controller, Delhi by his order dated 24th January, 1977 allowed the eviction petition of the londlords against all the three tenants including the respondent.

( 3 ) AGGRIEVED by the order dated 24th January, 1977 passed by the learned Additional Rent Controller, the tenant filed an appeal bearing RCA No. 245/77 and the learned Rent Control Tribunal by his order dated 15th July, 1980 allowed the appeal of the tenant. In this order it was stated that during the pendency of the appeal one