( 1 ) BY this petition, I have to see whether the order which has been passed by Mr. V. K. Shall, Additional Rent Controller, is in accordance wilh the law.

( 2 ) I have beard the counsel for both the parties at length.

( 3 ) THE premises involved in this case bears municipal No. C-68, New Delhi South Extension Part-11, New Delhi. The ground floor comprising of drawing-cum-during room three bed rooms with attached bathrooms, store, kitchen and vcrandah is in occupation of the tenant/petitioner M/s Federal olors vt. Ltd, and the first floor comprising of the same accommodation the ground floor, is in occupation the landlord DN. Dhir. it is stated that the landlord D. N Dbir is a patient of hypertension, missing heart beat, palpitation, ischeamia. He was 68 years old at the time of filing petition before the court below, and is now 73 years of age. His wife is stated to be suffering from cataract. His elder son Ravinder Dhir, is stated to be a heart patient, and has been advised to undergo by-pass surgery, and the daughter of Ravinder Dhir, Anjum Dhir had a ventricular septal defect in her heart, and has already undergone surgery The landlord D. N. Dhir, has also got another son, namely, S. N. Dhir, who is living with him on the first floor along with his wife and a two years old child.

( 4 ) MR. M. L. VARMA, who appears for the tenant, in view of the evidence led in the case, and the finding of the trial court, docs not dispute that the landlord suffers from the ailment relating to heart ; that his wife suffers from cataract ; that his elder son Ravinder Dbir has proved that he has been advised by-pass surgery ; that the daughter of Ravinder Dhir has already undergone ventricular surgery; that the son of the landlord, namely, S. N. Dbir, along with his wife and child lives with the landlord. He says that owing to the various ailments, there is need to iivc on the ground floor as far as the landlord is concerned, and to that extent the need to be on the ground floor, stands established, and is sot disputed.

( 5 ) WHAT Mr. Varma disputes, is whether the need is bona fide. He says that aand far as Ravinder Dhir is concerned, his requirement is no more relevant, even in terms of the order which is impugned by Mr. M. L. Varma. The Additional Rent Controller having found that upon transfer of Ravinder Dbir to Bombay, his need has ceased to exist, In his view of the matter, Mr. Varma says that the accommodation that shall be available to the landlord on the ground floor, will be more than sufficient for his needs inasmuch as one bed room can be utilised by the landlord and his wife ; another bed room by S. N. Dhir, his wife and daughter, and the third bed room can be utilised by the daughter of Ravinder Dhir who is stated to be studying in Modern School. School report proving the fact that the daughter of Ravinder Dhir is studying in Modern School, has been produced in Court. I accept this report as proof that Anjum Dhir is studying in Modern School, New Delhi, and is living with her grand-parents. Mr. Varma docs not accept the need for staying at the premises on the ground floor of Ravinder Dhir or bis wife. Ravinder Dhir s wife, according to Mr. Varma, is living with her husband at Bombay, where being sick as he is made out to be, his wife would need to stay with him.

( 6 ) WHAT Mr. Varma says about Mr. Ravinder Dhir, could well be true, but it is equally true that mother would like to spend time with the daughter when she is school going In any case, one room ought to be sufficient for the wife of Ravinder Dhir and his daughter Anjum Dhir.

( 7 ) IN this view of the matter, the three bed rooms acsommodation, Mr. Varma says, which is available on the ground floor, should be more than enough, and the instant case is a fit one tor directing the landlord and that tenant should exchange the tenancy premises, and if there is a refusal to exchange the premises, than in view of what is stated by this Court in 24 (1983)