The respondent Gian Chand purchased the house from the owners by a sale deed dated September 19, 1956, and commenced an action in the Court of the Subordinate Judge Ist Class, Delhi against the appellant for a decree in ejectment in respect of the house. Numerous grounds were set up in the plaint in support of the claim for a decree in ejectment, but the ground that the respondent required the house bona fide for his own residence alone need be considered in this appeal. The Trial Court dismissed the suit and the Senior Subordinate Judge, Delhi dismissed an appeal from that order holding that the house being let for purposes nonresidential as well as residential, a degree in ejectment could not be granted under Section 13 (1) (e) of the Delhi and Ajmer Rent Control Act, 1952. The High Court of Punjab (Delhi Bench) in a revision petition filed by the respondent held that on the finding recorded by the First Appellate Court a decree in ejectment limited to that portion of the house which was used for residential purposes by the tenant could be granted, and remanded the case to the Rent Controller "for demarcating those portions which were being used for residence" and to pass a decree in ejectment from those specific portions.
In this case the letting not being solely for residential purposes, in our judgment, the Court had no jurisdiction to pass the order appealed from.
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