( 1 ) THE respondent Basheshar Nath filed a suit against the appellant Ram Gopal for eviction of the premises, a portion in house No. 854, Mohalla Haibatpura, Najafgarh, Delhi, on the basis of arrears of rent and bonafide requirement for his own use and the members of his family. Since an order under sub-sec. (1) of sec. 15 of the Delhi Rent Control Act, 1958, (herefter the Act), was passed and complied with, the ground of non-payment of rent was not available, but eviction was directed on the second ground by the Add ). Rent Controller on Augu,t 23, 1973. The tenant lost his appeal before the Rent Control Tribunal on November 18, 1977. Hence, this second appeal.

( 2 ) THE first question that has been raised on behalf of the appellant is that the petition for eviction was not maintainable as the respondent-petitioner has failed to allege and prove that he had no other reasonable suitable accommodation available, which is one of the main ingredients of the ground under cl. (e) of the proviso to sub-sec. (1) of sec. 14 of the Act. For this proposition, the learned counsel for the appellant relied upon Abdul Hamid and another vs. Nur Mohammad. 1976 R. C. J. 738. According to said cl.

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