( 1 ) THIS revision petition under Section 25b (8) of the Delhi Rent Control Act, 1958 (hereinafter REFERRED TO to as the Act ) is directed against the judgment and order of the Rent Controller dated 30th September, 1980 dismissing the petitioner s application for leave to defend and passing an order of eviction against him. Briefly the facts are that Jaswant Singh is the owner of the property No. 8-10, Nizamuddin (West), New Delhi. First floor of this property was let out in 1974 to Bharat Heavy Electricals Ltd. of which the petitioner, D. N. Gupta was Deputy Personal Manager and he was in occupation of the premises on behalf of the company. He retired in 1978. The respondent accepted the petitioner as a tenant in his own right on the first floor of the said property with effect from 1st July, 1978 in terms of a rent note for a fixed period of 11 months on a monthly rent of Rs. 600. 00. The petitioner renewed the tenancy for further period of II months by executing another rent note dated 1st June, 1979. The petitioner alleges that there were negotiations for renewal of tenancy in May, 1980, but they did not materialise. On 15th May, 1980 the respondent served a notice of eviction requiring the petitioner to vacate. The petitioner on 25th June, 1980 filed an application for fixation of standard rent. On 8th July, 1980 the respondent filed the eviction application under Section 14 (l) (e) read with Section 25b of the Act, alleging that he was the owner of the premises, that the first floor of the said property was let for residence, that he was in occupation of the ground floor comprising two bed rooms, a prayer room, ore drawing cum-dining room, kitchen, latrine, bath and verandah with his two married sons and that his third married son was residing in Barsati floor comprising one room only, that the premises were less and insufficient for him and for members of his family consisting of himself, his wife, his married son lqbal Singh with three children, his married son Ravinder Pal Singh with two children residing on the ground floor and his son Amrik Singh with five children residing in the Barsati floor. He also alleges that the sons were dependent upon him so far as the residential accommodation was concerned, that he has no other reasonably suitable residential accommodation in Delhi or anywhere else, that he has a married daughter with two sons, who often visit him. The petitioner filed an application for leave to defend supported by a detailed affidavit. The Rent Controller dismissed the application for leave to defend and passed an order of eviction. Hence this revision petition under Section 25b (8) of the Act.

( 2 ) THE short question for determination is : Whether the petitioner in his affidavit has disclosed facts which would disentitle the landlord from obtaining an order for the recovery of possession of the premises. The petitioner-tenant in his affidavit has deposed that the respondent-landlord has been in occupation of the ground floor with the families of his two married sons lqbal Singh and Ravinder Pal Singh, that the second floor has been in occupation of his eldest son Amrik Singh independently along with his wife and children, that on the expiry of the fixed period of II months in terms of the rent note, negotiations for renewal took place in the first week of May, 1980 when the respondent sent a draft of a rent note which was not acceptable to him. The two conditions which were not acceptable were that he had realised the bona fide requirement of the respondent-landlord and that he would vacate the premises positively by 31st March, 1981. The parties could not arrive at an amicable settlement and therefore the respondent sent the lawyer s notice dated 15th May, 1980 requiring him to vacate the premises, that he filed an eviction application for fixation of standard rent on 25th June, 1980 that his tenancy started from 1st July, 1978 which was renewed by another rent agreement dated 1st June