Viney Mittal, J.

1. The landlords are the petitioners before this Court. They filed an ejectment petition on March 17, 2001 seeking ejectment of the tenant. The ejectment was sought on the ground of personal necessity of the landlords. The ejectment was also sought on the ground of non-payment of arrears of rent. The claim of the landlords was contested by the tenant. The grounds of ejectment were contested. It was further claimed that the landlords had earlier filed a petition on October 9, 1995 seeking ejectment of the tenant and in the aforesaid petition also one of the grounds for ejectment was the personal necessity of the landlords. The said petition was dismissed on August 4, 1999 and therefore, the present petition was not maintainable. The Rent Controller while deciding issue No. 1 held that although the ejectment was also sought on the ground of non-payment of arrears of rent but the arrears of rent were paid by the tenant on the first date of hearing, therefore, the aforesaid tender was valid. On that basis, the only ground which survived thereafter was the ground of personal necessity.

2. The learned Rent Controller found it as a fact that the ground of personal