V.K. Shali, J.

1. This is an appeal filed by the appellant against the order dated 30.11.1985 by virtue of which the learned Additional District Judge has decreed the suit for damages but dismissed the suit for ejectment filed by the appellant against the respondent/defendant.

2. Briefly stated the facts of the case are that the present appellant had allegedly let out a piece of vacant land to the respondent on 01.05.1974 on a monthly rent of Rs.525/- for the period of 11 months. However, despite the expiry of 11 months the respondent continued to be in occupation of the tenanted premises and in the year 1976 the respondent filed a petition bearing No. 10/1976 for fixation of standard rent against the appellant. The said petition continued in the Courts for almost three years and on 08.08.1979, respondent No.2 as the sole proprietor of respondent No.1 withdrew the petition on the ground that the portion let out to the respondent did not constitute “premises” within the definition of the Delhi Rent Control Act.

3. The appellant issued a legal notice on 16.03.1982 terminating the tenancy of the respondent and filed a suit for possession and recovery of arrears of rent to the t