Order
1. Special leave granted. Having heard counsel for both the sides and also perused the material, we are of the opinion that this is a case where the court below ought not to have refused leave to contest. The landlord is occupying the ground floor besides the entire second floor. The tenant is occupying the first floor. The question is whether the landlord requires the first floor also. This question, in our opinion, could be properly determined only by granting leave to the tenant to contest. There is no need to take a summary procedure since it is a case of additional accommodation.
2. In the result, we allow the appeal and set aside the impugned orders and grant the tenant leave to contest the proceedings. The Controller shall now proceed according to law. Parties shall appear before the Controller on 12-2-1990 to receive further direction. It is needless to state that all the other points are left open.