( 1 ) THIS appeal under Section 39 of the Delhi Rent Control Act, 1958 (for short the Act ) is directed against the judgment and order dated 22nd May, 1985 of the Rent Control Tribunal dismissing the appellant s application for eviction of the respondent on ground of nonpayment of rent. The Tribunal by the impugned Judgment held that there was no relationship of landlord and tenant between the parties and thus reversed the judgment and order dated 16th January, 1985 of the Additional ; Controller.

( 2 ) BRIEFLY the facts are that on 16th July, 1982 the appellant filed an application for eviction of the respondent under Section 14 (1) (a)oftbeact The appellant has alleged that he is the landlord and the respondent is his tenant in shop premises No. D-89. Khureji Khas. Shahdara. Delhi on a monthly rent of Rs. 250. 00 exclusive of other charges ; the respondent has been in arrears of rent since 1st January, 1978 and be has neither paid nor tendered the arrears of rent in spite of notice of demand dated 11th May. 1982 served upon him. The respondent in the written statement pleaded that there was no relationship of landlord and tenant between the parties; he had purch