1. This revision was heard by me initially on 11-9-1963 and I called for a report of the Rent Controller with the comments of the appellate authority through whom the report was called because in view of Sant Ram Des raj V/s. Karam Chand 64, Pun LR 758: (AIR 1963 Punj 1 (FB) it was considered necessary to decide issue No. 5 as well. The Full Bench decision in the case of Sant Ram Des Raj 64 Pun LR 758: (AIR 1963 Punj 1(FB)) overruled the decision of Division Bench in Ramakrishna Das V/s. Gordhan Das 62 Pun LR 670. The case has now been placed before me after receipt of the reports of the Rent Controller and the appellate authority.

2. The controversy arises out of proceedings for ejectment of the respondents Sunder Das and Kishan Chand initiated by Smt. Subhadran Devi, widow of Dr. Jagan Nath Sood, Smt Dalkashna Devi and Smt, Krishna Kumari, daughters of the deceased and Jathiar Nath and Devinadar Nath sons of the deceased. Various grounds in support of the prayer for ejectment were raised including (j) subletting of a part of the building (ii) nuisance (iii) Sundar Das having been bona fide required for the personal occupation of the petitioners and (iv) the building in di