J.V.Gupta, J.

1. This is tenants petition against whom eviction order has been passed by both the authorities below.

2. The landlord Prem Narain sought the ejectment of his tenant Pt. Bishan Sarup from the premises in dispute which consists of the Gher which was let out to him for tethering his cattle. It is the common case of the parties that previously one Smt. Chandra Wati, wife of Jai Parkash, was the owner of the premises in dispute along with other two rooms. Admittedly, Chandra Wati had let out the said two rooms along with the Gher in dispute to the tenant Bishan Saup for tethering his cattle. It was in the year 1976 that Chandra Wati sold the Gher (open space) to Prem Narain landlord, though Bishan Sarup also continued to be the tenant under Chandra Wati in the said two rooms which were let out originally to him along with the Gher. The landlord filed the ejectment application on April 22, 1981, seeking the ejectment of the tenant from the said Gher (open space surrounded by four walls) on the ground that the premises was let out for residential purpose and since the tenant is already in possession of his own residential building which is sufficient for his require