( 1 ) THIS is an appeal on behalf of the landlord under section 39 of the Delhi Rent Control Act, 1958 (hereinafter called the Act ) directed against the judgment and order dated 8th October, 1974 of the Rent Control Tribunal dismissing his application for eviction of the respondents on the grounds mentioned in clauses (b) and (e) of the proviso to sub-section (1) of section 14 of the Act. The Additional Controller by his judgment and order dated 12th April, 1972 had passed an order of eviction under Section 14 (l) (e) of the Act in favour of the appellant but had refused eviction of the respondents under section 14 (l) (b) of the Act.

( 2 ) THE eviction application pertains to portions of first floor and second floor of the property at plot No. 43, Darya Ganj, Delhi. The Delhi Improvement Trust (now succeeded by the Delhi Development Authority under Act 61 of 1957) granted on 22nd September, 1940 lease of plots No. 43 and 44, Darya Ganj, Delhi to the appellant and his brothers for a period of 90 years in terms of the lease deed dated 22nd November, 1940 for the erection of a residential house (Ex. AW. 1/3 ). The appellants and his brothers, however, transferred t