H. R. Khanna, C. J.

( 1 ) THIS second appeal under Section 39 of the Delhi Rent Control Act by Hardit Singh Oberoi is directed against the order of the learned Rent Control Tribunal affirming on appeal the decision of the Additional Controller whereby an application filed by the tenant-appellant to the effect that the landlord had waived the right to evict the tenant, was dismissed. When the appeal came up for hearing before Tatachari. J. , the learned Judge expressed the view that because of the important question involved in the case it should be heard by a Division Bench.

( 2 ) THE brief facts of the case are that the appellant was a tenant in the premises in dispute situated in Connaught Circus, New Delhi, under Daulat Ram on a monthly rent of Rs. 109. 00. Daulat Ram filed an application under Section 14 of the Delhi Rent Control Act for the ejectment of the appellant on the allegations that the latter had made alterations and additions in the premises and had caused substantial damage. It was further stated that those alterations and changes were in violation of the terms of the lease of the site on which the premises in dispute had been constructed. According to the landlord,

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