J.V.Gupta, J.

1. The landlord has filed this revision petition against the order of the Appellate Authority whereby the order of the Rent Controller directing the ejectment of the respondent was set aside.

2. The premises, in dispute consisted of a room and the ahata. They were rented out to the respondent wide rent note dated January 15, 1958, Exhibit A.4. The purpose for which the premises were let out is not given in the said rent note. The landlord filed the ejectment application on August 26, 1969, and sought the eviction of the tenant inter alia on the grounds that the building was let out for residential purposes, but the respondent was using it for commercial and business purposes and he had, thus changed the user thereof. He had obtained a water connection and had, thus, materially impaired the value and utility of the building. Alleging the building to be a residential one, the landlord also alleged that he required the same for his own use and occupation. In the written statement, the tenant admitted the tenancy, but denied that he had taken the premises for residential purposes. It was also averred that even prior to the inception of the tenancy, the premises we