( 1 ) THIS is an appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter called the Act) against the Judgment of the Rent Control Tribunal dated December 18, 1962, by which he set aside the order of the Additional Rent Controller dated August 25, 1962, and ordered the eviction of the appellant tenant from the premises in dispute.

( 2 ) THE ficts. re that the appellant tenant Gurdial Singh is a tenant under the respondents of Quarter No 10 Block No. 205, C. Plot No. 69-A, bazar Road, Bengali Market, New Delhi. OB a monthly rent of Rs. 23. 91. On December 31, 1959, an application was brought by the respondent-landlord against the appellant under Section 14 of the Act on allegations that he had sub-let assigned or otherwise parted with possession of the premises in dispute to respondent No. 4, Dr. Jagde v Singh Mummick, without his written consent and also on the ground that neither the tenant nor any member of his family had been residing in the premises in question for a period of 6 months immediately before the filing of the ejectment application. The appellant-tenant admitted the tenancy and the agreed rate of rent. He, however, controverted the all