( 1 ) THIS second appeal from the order, dated November 2, 1963, of the Rent Control Tribunal arises out of an application under section 14 (l) (b)ofthe Delhi Rent Control Act, 1958 (Act 59 of 1958), wherein the appellant, who is the landlord, sought eviction of the respondent from the premises in question on the ground that the respondent, as tenant, has sublet, assigned or otherwise parted with possession of the whole of the premises without obtaining the consent in writing of the appellant, which application was dismissed by the Additional Rent Controller under Order 23, rule 1 (3), of the Code of Civil Procedure on the ground that a previous similar application by the appellant made on the same ground on May 26, 1961, was dismissed on a statement by the counsel for the appellant to that effect on January 29, 1962, after the respond hit had put in reply to that application, and that amounted to withdrawal of the previous application without obtaining permission of the Additional Rent Controller to file afresh application. This order of the Additional Rent Controller has been maintained by the Rent Control Tribunal.

( 2 ) A little more detail of the facts is nece