( 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 number of companies whose registered offices were at this address. In addition to his own, the name-plates of some of these companies were affixed on the outer gate. These name-plates indicated that they were carrying on business as building contractors and, also, manufactured and supplied furniture. Apart from giving evidence himself, Waryam Singh called as witnesses a friend, two ex- employees and his Chartered Accountant. He, also, produced a large number of business letters from Government departments and others to show that they had been corresponding with him at this address.

( 53 ) AGAINST this evidence must be weighed the fact that in none of the earlier proceedings did Waryam Singh ever allege that he was using any portion of the premises for commercial purposes. The statement which he made in the suit filed by Harbans Lal Vadera in 1955, contains no hint of such an allegation. Nor does his written statement in the proceeding for eviction commenced by Phoolwati in 1963. That no such plea was raised even in the course of that proceeding is established by the judgment delivered in that case in 1967. As I have already mentioned, the Additional Rent Controller records that there is no dispute with regard to the letting purpose 'which is admittedly residential'. Thus, during the 13 years between 1954 and 1967, despite two litigations, Waryam Singh did not choose to raise the plea which he now puts. forth. In both those litigations, the letting purpose was most material. There is no explanation for his having omitted to raise the plea. The conclusion is irresistible that, at least, during that period, Waryam Singh was not using any portion of the premises for commercial purposes. That is why the plea did not occur to him. In order to bolster his plea, Waryam Singh now asserts that one of the grounds for eviction taken in the suit filed by Harbans Lal Vadera in 1955 was 'conversion of the use of the premises from residential to business'. Thereby he seeks to get indirect proof of his allegation that he began to use a portion of the premises for commercial purposes since the mention of the tenancy. Even if what Waryam Singh asserts be true, it is of no use unless one knows the answer that he gave in his written statement. Copies of the pleadings in that suit have not been produced. It was said at the Bar, by counsel for Waryam Singh, that the record of that suit had been lost or destroyed. But, there is no evidence to that effect. It does not appear that any attempt was made to summon the file of that suit. Nor is there any explanation as to what has become "of counsel's brief, which would naturally contain copies of the pleadings. The dates endorsed by the Copying Agency, on the certified copy of Waryam Singh's statement in that suit,, show that it wa

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