( 1 ) THIS second appeal under section 39 of Delhi Rent Control Act (No. 59 of 1958), hereinafter REFERRED TO as the Act filed by Sham Sunder is directed against the order of Rent Control Tribunal, Delhi, affirming on appeal the order of the Controller whereby an order for ejectment of the appellant from the premises in dispute was made in favour of Khan Chand, respondent.

( 2 ) THE brief facts of the case are that the appellant is occupying the premises in dispute, which consist of one room, a tin shed, a store and a terrace, situated in Basti Harphul Singh, Delhi, as a tenant of the respondent on a monthly rent of Rs. 8. The respondent made an application for ejectment of the appellant under section 14 of the Act on the allegation that the appellant had acquired vacant possession of a residence at 9, Kishan Ganj, Delhi.

( 3 ) THE application was resisted by the appellant who denied that he had acquired vacant possession of a residence at Kishan Ganj. According to the appellant, he and the other members of his family including his brother and widowed mother, were residing in the suit premises as displaced persons from 1948. The appellant s brother got married in 1949