( 1 ) THIS second appeal is directed against the concurrent judgments of the lerned IIIrd Additional Rent Controller, Delhi, and the Rent Control Tribunal. Delhi posing an order of eviction against the appsilants/tenant under the provisions of clause (h) to the proviso to subsection (1) of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act ).

( 2 ) THE landlady, Smt. Raujit Kaur, had filed an eviction application against Shari V. K. Malhotra (residing in America) and Si Pardeep Kumar Malhotra, brotther of Shri V. K. Malhotra, respondent No. I under the provisions of clauses (b), (d) and (h) of sub-section (l) of section 14 of the Act.

( 3 ) THE case of the landlady was that the ground floor of property No. A-172, Defence Colony, New Delhi was let out to Shri V. K. Malhotra and the tenant has sub-let or otherwise parted with possession of the whole of the premises without written consent to his brother, respondent No. 2. The eviction was also claimed on the ground that neither the tenant nor any dependant member of his family ii residing in the suit premises for a period of six months immjdiately before the filing of the petition and