ORDER : P. Venkatarama Reddi, J. Leave granted. 2. We find that the correctness of averment in paragraph 3 of the affidavit filed before the Additional Rent Controller, Delhi to the effect that the respondent-landlord has in his possession in addition to the ground floor, 4 rooms, bath, latrine and an open space on the first floor of the same building in A-37, Sunlight Colony has not been dealt with by the Rent Controller by recording a categorical finding. Even the High Court has not said anything on this aspect. 3. Having perused the pleadings, we are of the view that the controversy as to the availability of adequate accommodation for landlord including the first floor in Sunlight colony is a matter to be decided on evidence. In the circumstances leave to defend ought to have been granted to the appellant. Accordingly, the impugned order refusing the leave is set aside and we direct the Rent Controller to dispose of the eviction petition within a period of one year. Other questions raised in the eviction petition are also left open. 4. The appeal is allowed accordingly.