( 1 ) THE landlord Gurbaskh Singh fileda petition for eviction of the tenant Mangal Chand. An order for eviction in respect of a part of the premises was passed by the Controller under Section 14 (1) (h) of the Delhi Rent Control Act, 1958 (hereinafter called the Act ). The tenant appealed to the Rent Control Tribunal against the order of eviction from a part of the premises and the landlord filed cross-objections against the dismissal of the petition for eviction in respect of the rest of the premises. But both the appeal and the cross-objections were dismissed by the Tribunal. The tenant thereupon filed this second appeal against the order of eviction of a part of the premises and the landlord filed cross-objections against the dismissal of his eviction petition in respect of the rest of the premises.

( 2 ) DURING the pendency of these proceedings the landlord terminated the contractual tenancy of the tenant by a notice to quit with the effect that the tenant became what is popularly called only a statutory tenant. As observed by the Supreme Court in Anand Nivas Pvt. Ltd. v. Anandji Kalyanji s Pedhi, AIR 1965 SC 414, however, such a person is not a tenant at all. H