( 1 ) BALWANT Singh petitioner herein is a tenant under Shri Bhori Lal, responden herein in respect of shop premises No. 77 of property. No. . 8551, Model Basti. Delhi since the year 1934. As per the petitioner, on 20th January, 1982, he was dispossessed from the suit premises in an illegal manner. Aggrieved by the dispossession and the manner in which he was dispossessed from the premises, the petitioner filed second appeal under section 39 of the Delhi Rent Control Ace, 1958 in this Court which was registered as SAO 77/82 That appeal has been decided by Bhandare, J- on 27th July, 1990 and the same was accepted. The order of the Rent Control Tribunal dated 7th August, 1981, by taking aid of which the respondent landlord dispossessed the petitioner-tenant from the premises in depute, was set aside. While accepting the appeal filed by the petitioner/tenant. Sunanda Bhandare, J. observed as under:

"a separate application (C. M. 2026/90) has been filed by the appellant praying for restoration of possession of the shop in question. The respondent on 27. 4. 1989 made a statement that be is in occupation of the saiid shop and bis son is running business from the said shop.