( 1 ) THIS second appeal from order has been filed under Section 39 of the Delhi Rent Control Act real with Section 47 of the Code of Civil Procedure by the tenant against the appellate order of the Control Tribunal dated December 3, 1970bywhich he dismissed the appeal and affirmed the order of the Rent Controller dated June 10, 1970 dismissing the objections of the tenant against execution of the order for eviction which had been passed against him.

( 2 ) THE brief facts of the case are that the appellant before me is the tenant while the respondent is the landlord and owner of the premises in dispute. On September 24, 1966 the landlord filed a petition for eviction of the tenant on the ground of bona fide personal necessity mentioned in clause (e) of the proviso to sub-section (i) of section 14 of the Delhi Rent Control Act 59 of 1958 (hereinafter to be REFERRED TO as the Act ). In paragraph 18 of the petition, the landlord had specified the ingredients of clause (e) of the Act while in paragraph 20 he had claimed an order for eviction with other incidentaal reliefs and costs. The tenant filed a written-statemeat contesting the ground of eviction and he urged that the