1. By present petition, the petitioner has assailed an order of learned Additional Rent Control Tribunal dated 23rd September, 2004 whereby the learned Additional Rent Control Tribunal set aside the eviction order dated 4th February, 2002/21st February, 2002 passed by learned Additional Rent Controller.

2. Brief facts relevant for the purpose of deciding this petition are that the petitioner (landlady) filed an eviction petition against respondents Sh. Om Prakash Gupta and Sh. Shrawan Kumar Lohia under Section 14 (1) (b) & (d) and Delhi Rent Control Act. She alleged that the premises in question was let out to respondent No.1, Sh. Om Prakash for residential purpose at monthly rent of Rs.25/- exclusive of water and electricity charges. The tenancy initially was a joint tenancy in the name of Sh. Om Prakash and his

father Sh. Narain Lal. Since Sh. Narain Lal died, the entire tenancy devolved upon his son Sh. Om Prakash and he became the exclusive tenant. The petitioner and her husband had purchased the premises on 21st April, 1982. She alleged that tenant/respondent No.1, Sh. Om Prakash along with his family had shifted from the tenanted premises at Delhi to h