( 1 ) NOTWITHSTANDING the sympathetic attitude which is, at times, shown to the tenants in cases of eviction from residential premises, this is one of those cases which shows gross mala fides on the part of a tenant, who happens to be a multi-national company. It is a case of battle between David and Goliath, Goliath being the multi-nalional company which is a tenant and David being the widow who is the landlady.

( 2 ) THE trouble of the respondent-landlady commenced when she let out the premises in question, namely, first floor of House No. 202. Golf Links, New Delhi to the Multi-National Company, namely, the petitioner. At the time when the premises were let out to the petitioner, the respondent was residing as a tenant in a house at I-B Mathnra Road, New Delhi. An eviction petition was filed against her on 12th May, 1971. While this eviction petition was pending, on 12th April, 1972 the ground floor of the house in question was let out to one Shri S. C. Jain.

( 3 ) ON 5th February, 1973 an eviction order was passed against the respondent and she was asked to vacate the premises I-B Mathnra Road, New Delhi by 28th February, 1975. On 8th February, 1973 the garage and servant quarters at house No. 202 Golf Links, New Delhi were let out to the petitioner at a rent of Rs. 300. 00 per month, On the following day i. e. on 9-2-1973, by another document the first floor of the house was let out at the rate of Rs. 1100. 00 per month for a period of two years. The first floor of the house was given on lease, like the garage and servant quarters, for a period of two years and it was provided that the said term could be renewed or terminated with the consent of both the parties by giving three month s notice in writing. In the deed of 9th February, 1973 it was specifically provided that the premises will be used for residential purposes only. The earlier agreement dated 8th February, 1973 is silent as far as the letting purpose is concerned.

( 4 ) ON 20th August, 1974 the lease between the respondent and Shri S. C. Jain in respect of the ground floor of house No. 202 Golf Links, New Delhi was extended for a further period upto 31st December, 1978 at a monthly rent of Rs. 1600. 00. On 7th and 8th February, 1975 the lease period in respect of the premises in question ended. The petitioner did not vacate the same. Proceedings were taken against the respondent by her landlord for getting possession of the premises I-B Mathura Road, New Delhi, where the respondent was residing Warrants of possession were issued against her by the Rent Controller but on a further appeal being filed, the Rent Control Tribunal granted her time to vacate the premises by 31st March, 1976.

( 5 ) TWO legal notices on 3rd June, 1976 were issued by the respondent asking the petitioner to vacate the premises by 30th September, 1976. On the petitioner failing to vacate the same. the present eviction petition was filed on 18th November, 1966 An application was filed for leave to contest and on the leave being granted, written statement was filed by the petitioner-herein on 22nd February, 1977.

( 6 ) ONE of the main contentions which were raised by the petitioner before me was that the respondent did not file the petition for bona fide reasons. The submission was that the respondent wanted an increase in the rent. I have already observed hereinabove that the facts of this case show the mala fides on the part of the petitioner, specially in regard to the conduct of the proceedings in this case. This would become evident from what transpired after the filing of the written statement by the petitioner-herein,

( 7 ) AFTER pleadings had been completed with the filing of the replication on 7th March, 1977 by the landlady, three witnesses were examined by the landlady on 3rd August, 1977. Thereafter she closed her evidence on that date. The case was adjourned to 20th September, 1977 for the tenant s evidence. Before giving further facts, it may be noted that the