P.C.Pandit, J.

1. This is a petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act) filed by the tenant against the decision of the appellate authority confirming on appeal the order of the Rent Controller evicting him from the premises in dispute.

2. On 30th of May, 1967, Major Gurmitinder Singh Grewal filed an application under Section 13 of the Act for the eviction of his tenant, Raj Kumar, from a residential house situate on College Road in Ludhiana. His allegations were that he had let out the house to Raj Kumar on a monthly rent of Rs. 90/- for a period of six months by means of a rent note, dated 18th of June, 1965. The tenancy expired on 30th of November, 1965 and thereafter the tenant had been asked several times to vacate the premises. The landlord was a member of the armed forces of the Indian Union and was serving under war conditions and the house was required for occupation by his family. The refusal by the tenant to vacate the house had resulted in great hardship and inconvenience to the family of the landlord.

3. This application was contested by the tenant who pleaded that the house in dispute belonged t