( 1 ) THIS judgment will dispose of C. R. Nos. 352 and 353 of 1979. Civil Revision No. 353 of 1979 relates to the tenant Nazar Singh. These revisions under Section 25b (8) of the Delhi Rent Control Act, 1958 (hereinafter called the Act ) are directed against the two judgments and orders dated 15th July, 1978 of the Additional Controller dismissing the eviction applications of the petitioner under Section 14 (1) (e) of the Act.

( 2 ) RAM Parkash Saroj, petitioner, filed eviction applications against hit tenants Mohinder Singh and Nazar Singh on the ground that he was the owner of the suit property, that the premises were let for residential purposes, that be bona fide requires the premises in their occupation and that he has no other reasonably suitable residential accommodation. Mohinder Singh has been a tenant in respect of one room, kitchen, bath, W. C. and a miani above bath arid W. C. on the ground floor at monthly rent of Rs. 40. 00 since 1961. Nazar Singh has been a tenant in respect of one room, bath and W. C. , kitchen on the first floor besides a miani on a monthly rent of Rs. 201- since 1971. The family of the petitioner consists of himself, his wife, three sons, two of whom are married and one married daughter. The eldest son of the petitioner is a Major in the Army. When he was posted at Ladhak his wife and children who were residing at Chandigarh wanted to shift to Delhi to reside with the petitioner. Mrs. Prabha Saroj, A. W.-2, eldest daughter-in-law deposes that she wants to shift to Delhi to live with the petitioner but cannot shift due to shortage of accommodation. S. K. Saroj, A. W.-3 second son of the petitioner, is also married and has been living at Nabha with his family. He is employed with Hindustan Milk Food for the last about 14 years. He deposes that when he visits Delhi with his family, he finds difficulty to stay with his parents due to accommodation. He also says about the requirement of his elder brother serving in the Army. The third son aged 25 years is of marriageable age but his marriage is alleged to have been postponed on account of shortage of accommodation. Besides three sons the petitioner has a married daughter in Delhi. The petitioner as A. W.-I says that he was an employee of D. C. M. Chemical Works, Najafgarh Road, New Delhi, that he was allotted one Flat No. 2 in U. F. in G. M. Wing, Goushala Marg, Kishan Ganj, Delhi during his employment. The said flat consisted of two bed rooms, one drawing room, one dining room, one store, one kitchen, one pantry, besides bathroom, W. C. , varandha and balcony. The floor area of this flat was 1,580 sq. ft. He retired in 1975 and be vacated the flat on 30th January, 1976. The eviction petitions were filed on 6th July, 1976. Both tenants are in occupation of one living room each. The accommodation with the petitioner is shown in yellow colour in the plan Ex. A. W. 1/2 consisting of three rooms, measuring 14 X 9 , 12 X 9 and 10 x 14 besides kitchen 6 X 7 , bath and W. C. There are also two mianies over the passage and the garage with the petitioner. These mianies are between the ground floor and the first floor. The living room in possession of Mohinder Singh, tenant, measures 10 -4" X 14 while the living room in possession of Nazar Singh measures 17 -6" X 10 . Thus it seems that there are only five living rooms in the entire building as shown in the plan. The petitioner says that he was occupying 1580 sq. ft. accommodation allotted to him by his employer while the accommodation now in his possession shown in yellow is only about 800 sq. ft. The accommodation with the two tenants is also about 200 sq. ft. each. The entire accommodation in the suit house including the premises with the respondents excluding garage which is in occupation of another tenant, would be only about 1200 sq. ft. His contention is that the Rent Controller without any evidence on record has observed that he is in possession of almost same accommodation w