BENILAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant's tenancy was permitted to be terminated under clauses 13 (2 and 13 (3 (ii) of the central Province and Berar Letting of House and Rent Control Order, 1949, for short 'the Order' for ejectment from the demised premises on the ground that he was a habitual defaulter. A decree for eviction ensued which had become final by dismissal of the Special Leave Petition in limine by this court. Objections raised in the execution at the instance of his sons were overruled. Thereafter, the appellant filed the W. P. No. 1370 of 1984 in the High court of Bombay challenging the constitutional validity of sub-clause (ii) of clause 13 (3, which was dismissed in limine on 18/06/1984. Thus this appeal by special leave.

(2.) Section 2 of C. P. and Berar Regulation of Letting of Accommodation Act, 1946 reads thus:

(3.) The Controller defined under clause 2 (1 means an officer appointed to exercise the power of the Controller under this Order.