( 1 ) THESE are two connected matters pertaining to litigation between the same landlord and tenant and are being disposed of together.

( 2 ) THESE are the brief facts. On 23rd March, 1978, Mr. Ram Lal Kohli, the landlord of 164a, New Friends Colony, New Delhi, let out the above-mentioned property to two brothers, Mr. Yogesh Kumar and Mr. Krishan Kumar Aggarwal. The agreement of tenancy was for a period of three years.

( 3 ) SOMETIME in November, 1981 the landlord filed a petition under Section 14 (1) (d) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the "act"), which was numbered as 15 of 1982. Subsequently, on 1st June, 1983 he filed another petition under Section 14 (1) (e) of the Act, which was numbered as 341 of 1983. Notice of this petition was served at Kanpur on Mr. Yogesh Kumar on 10th June, 1983. The notice sent to Mr. Krishan Kumar Aggarwal, at the same time, by registered post acknowledgment due was returned with the endorsement on the envelope dated 10th June, 1983, "refused". Notings on the envelope appear to indicate that service was sought to be effected earlier on 8th and 9th June, 1983.

( 4 ) ON 27th June, 1983, an application for