RAJIV SAHAI ENDLAW, J.

1. This petition, originally preferred under Article 227 of the Constitution of India, was at the time of hearing on 11th November, 2009 and vide order of that date converted into a Revision petition under Section 25 B (8) of the Delhi Rent Control Act, 1958 and heard as such. The petition has been preferred by a landlord aggrieved from the order of the Additional Rent Controller granting leave to the respondents/tenants to contest the petition for eviction filed by the landlord under Section 14 (1)(e) of the Act. One of the requirement of Section 14 (1)(e) is of the landlord also being the owner of the tenancy premises. The Additional Rent Controller has granted leave to defend to the tenants only on the ground that the pleas of the respondents/tenants qua ownership raise a triable issue.

2. The petitioner/landlord along with the petition and the respondents/tenants along with reply to the petition before this court have filed as annexures thereto, copies of the record of the Rent Controller sought to be relied upon by them and as such need is not felt to call for the records.

3. Sardar Nihal Singh being the husband of the respondent no.1 and the f