1. An order dated 3rd December 2009 passed by the learned Additional Rent Controller ("ARC?) in Eviction Petition No. 26 of 2008 granting leave to the Respondents/tenants to defend the Eviction Petition preferred by the Petitioners under Section 14 (1)(e) of the Delhi Rent Control Act, 1958 ("DRCA?) is challenged by the Petitioners/landlords by way of the present petition under Article 227 of the Constitution. Background facts

2. The tenanted premises, which forms part of the property at 34 Hanuman Road, New Delhi, was let out to Diwan Hukam Chand Sahni, the Predecessor-in-interest of the Respondents/tenants by Shri R.S. Devi Dayal Mehra, the grandfather of Petitioner No.1 and father of Petitioner No.2 by way of a lease deed dated 23rd August 1941. The tenanted premises include three servant quarters and one garage. It appears that Shri Krishan Lal Malhotra and others came to occupy the tenanted premises as tenants and sometime in 1942 Shri Devi Dayal Mehra instituted proceedings in the court of the learned ARC against the extension of the tenancy for a period of 12 months from 1st August 1942. This application was rejected by an order dated 22nd November 1942 of the learn