( 51 ) IN these circumstances, I. should normally have remanded the case for a decision on the said questions of fact left undetermined. But, counsel for Waryam Singh requested me not to do so. He said that both parties had adduced all their evidence on those questions, and it was proper that I should 'decide them myself, as I could do on the analogy of section 103 of the Civil Procedure Code 1908. As an instance in which that course had been adopted, he cited Vardesh Chander Channa vs. Prem Nath and Ors. 1981 D. R. J. 132 (24 ). Counsel for Savitri Devi did not oppose this submission. Having considered all the pros a'nd cons, I, too, am satisfied that no purpose will be served by a remit, and that it will only cause unnecessary delay. Consequently, I proceed to decide first the question whether Waryam Singh has used the premises for commercial purposes, and, if so, since when.

( 52 ) THE case of Waryam Singh is that he has been using one front room for 'office' purposes since the inception of the tenancy in 1954. He says that all his files and records were kept in that room, and his clerk, accountant, and works supervisor used to sit there. Further, he and his son had formed a num

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