SWAMI RATANBABU Vs. WAMANRAO SHANKARRAO DESHMUKH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-tenant committed default in the payment of rent from March 1979 in March 1980 at the rate of Rs. 80 per mensem. The respondent-landlord filed an application under Clause 13(3)(ii) of the C.P. and Berar Letting of Premises and Rent Control Order, 1949, for short 'the Order'. The Rent Controller found that the respondent being the neighbour has been receiving the rent without any objection and therefore the appellant is not a habitual defaulter. The Appellant Authority reversed the finding and granted permission for serving notice to eject the appellant. In a writ petition filed under Article 226, the High Court affirmed that finding. On further L.P.A., the Division Bench in the impugned order dated October 14, 1986 affirmed the order directing permission to determined the tenancy. Thus this appeal by special leave.

(3.) In (S.P. Deshmukh v. Shah Nihal Chand Waghjibai Gujarat)1, 1977 Mh.L.J. 710(S.C.) : 1977(3) 515 this Court held that :