( 1 ) -THE petitioner-tenant in this revision under section 25b (8) of the Delhi Rent Control Act, 1958 (here in after referred to as the Act ) challenges the judgment and order dated 21st May, 1980 of the Additional Controller directing his eviction under Section 14 (l) (e) of the Act. The main contention of the learned counsel for the petitioner is that the eviction petition was barred under Order 9 rule 9 of the Code of Civil Procedure ( hereinafter referred to as the Code ).

( 2 ) BRIEFLY the facts are that the respondent on 2nd February, 1977 had filed an application for eviction of the petitioner under Seccion 14 (1) (e) read with Section 25b of the Act. Leave to defend was granted. On 21st September, 1977 the Rent Controller dismissed the same.

( 3 ) THE respondent on 2nd January, 1978 filed a fresh petition against the petitioner under Section I l (l) (c) read with Section 25b of the Act alleg ing that he was the owner of the premises, which were let to the petitioner for residential purposes, that he required thpremises for the residence of himself and his family members and that he had no other reasonably suitable residential accommodation. The premise