PRAKASH NARAIN, J. (Oral)

( 1 ) THIS second appeal under section 39 of the Delhi Rent Control Act, 1958 is directed against an order of the Rent Control Tribunal, Delhi, which affirmed the order of the Rent Controller, Delhi, dismissing a petition for ejectment brought by the appellant against the respondent on the ground that the appellant bona fide required the premises under the tenancy of the respondent, of which he was the owner, as residence for himself and the members of his family.

( 2 ) THE premises in dispute were let out in the year 1959 on a rent of Rs. 38. 00 per month. These premises comprised of a room of the size of -10 -9" x 9 -9" and a store on the first floor in house bearing municipal number 5574 situated in New Chandrawal, Subji Mandi. Delhi. It was not in dispute that the appellant-landlord was himself also living on the first floor of the same house and the accommodation with him was one room, a store and kitchen on the first floor. a barsati on the second floor and a small room in the meanine floor which he had acquired later on. The appellant s family about which there was no dispute comprises of himself, three grown up sons. two younger daughters; a wife an

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