( 1 ) SH. J. S. Butalia constructed a house in 1975 in Gulmohar Park, while residing in a rented premises in Jagpura He and his wife both had obtained loans and had to let out the premises to repay the loan. His landlord however, filed an eviction application in 1976 in which eviction order was passed in 1978 and an undertaking to vacate was given by Sh. Butalia in the appeal. He vacated the Jangpura house in 197) in compliance with the undertaking to the court and occupied the first iloor of his owa house which has two bed rooms and a living room etc. The ground floor of the house consisted of one dining cum drawing room and three bed rooms, one kitchen, etc. The ground floor had been let out to the present tenant Sh. M. M. Mehra with effect from 1/8/1977 at the monthly rent of Rs. 1,400. 00 without any written agreement or rent note. On 12/5/1981 Sh. Butalia filed this eviction application under Section 25b read with clause (e) of the proviso to Sub-section (1) of Section 14 of the Delhi Rent Control Act 1958, (the Act) against Sh. Mehra. The tenant filed an affidavit for leave to defend on 29/6/1981. Leave was refused by the Additional Controller on 22/9/1981. The