( 1 ) THIS appeal is at the instance of the tenant, Parmeshwari Dass and relates to House No. 117-A, Defence Colony, New Delhi. An eviction petition was instituted by the Late G. R. Kohli, Landlord, claiming eviction on the ground of bona fide personal requirement. The case of the respondent was that he was in military service outside Delhi but was later transferred to Delhi on 5th August, 1968 and was due to relire on 1st March, 1969. It was further staled that the landlord was staying with a relative but the landlord of of that relative had also initiated eviction proceedings. The petitioner claimed that he required the premises bona fide for his own residence and the residence of his family. The tenancy of the appellant was terminated by a notice dated 12th October, 1968 and this eviction petition was instituted on 23rd November, 1968. The appellant contested the petition on the ground that there was no cause of action and the petition was premature and also or. the ground that the respondent was not the owner of the premises. It was also contended that the premises were let for both residential and commercial purposes and, hence the claim was not tenable.

( 2 ).