( 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 tenant, namely, Shri S. N. Kapur had vacated four rooms on the ground floor and had delivered the vacant possession of the said rooms to the landlords. It was further stated in this order that the landlords required three separate bed rooms, a guest room, a drawing room, a dining room and library- cum-study room i. e. to say 7 rooms and after obtaining the possession of 4 rooms from the tenant Shri Kapur, the landlords were having 7 rooms including the accommodation already available with the landlords and therefore presently they did not require any additional accommodation. Keeping in veiw these facts, the appeal of the tenant was accepted and the order passed by the learned Addl. Rent Controller was set-aside and the petition of the landlords for eviction was dismissed. The present appeal which has been filed by the landlords against the aforesaid order dated 15. 7. 80 passed by the learned Rent Control Tribunal, was admitted on 8. 10. 80.

( 4 ) DURING the pendency of the appeal, the landlords filed an application bearing CM No-1893/91. In this application it was stated that after filing of this appeal there had been a number of changes in the circumstances of the appellants, namely, that the mother of appellants had died on 1. 2. 86, the marriage of appellant No. 4 namely, Shri Achyut Gopal Jhingran had taken place in November, 1980 and one son was born to him on 11th May, 1984 who was studying in a public school and the said appellant was having his separate residence and kitchen, another appellant No. l alongwith the members of his family had shifted to Delhi and son of the appellant No. 2 had also settled in Delhi and was carrying on his studies and his mother was also frequently visiting Delhi, two daughters of appellant No. 3 aged about 16 years and 14 years were also studying in a public school and additional accommodation was needed for their studies, there had been a change in the status of appellant No. 3 as he had become a Reader in the Delhi University and was earning about Rs. 6000. 00 per month. It was, therefore, prayed in this application that the appellants be permitted to lead evidence to bring all the documents on record. Notice of this application was issued to the tenant who filed a counter-affidavit controverting the allegations made in the application. Thereafter a rejoinder was also filed on behalf of the appellants/landlords. By order dated 16th September, 1993, a learned Single Judge of this court allowed the application subject to payment of costs of Rs. l,000. 00 and remitted the matter to the Rent Controller concerned for the purpose of recording evidence in the light of the facts set out in the application.

( 5 ) PURSUANT to the order dated 16. 9. 93 passed in CM 1893/91, additional evidence on behalf of the appellant