M K SALPEKAR Vs. SUNIL KUMAR SHAMSUNDER CHAUDHARI

JUDGEMENT

(1.) The main question in these cases is whether sub-clause (v) of Clause 13(3) of the C. P. and Berar Letting of Houses and Rent Control Order, 1949, (hereinafter referred to as the Control Order), applied to all buildings whether residential or non-residential, or was confined only to residential houses.

(2.) The civil appeals have arisen out of two proceedings initiated by the owners of the disputed premises for the eviction of the appellant-tenant on the ground that he has secured alternative accommodation and, therefore, does not reasonably need the house. The two premises are parts of the same building situate in Mahal Chowk in the city of Nagpur, and belong to a family of which the applicants, respondents before this Court, are members. The appellant-tenant Dr. M. K. Salpekar, who is a renowned doctor of Nagpur, has been occupying the premises as tenant for the purposes of his clinic since 1944. Admittedly he has built in Ramdaspeth, another part of the city, a large double storeyed house, and has let out portions thereof to the State Forest Department for running its office. On a partition amongst the members of the family of the owners of the Mahal Building the premises in possession of the appellant-tenant was allotted to the respondents in the two appeals, in parts and they started the present proceedings by two separate applications for permission to determine the tenancy of the appellant-tenant. The appellant defended the actions but the Rent Controller allowed the prayer of the respondents. The order was confirmed in appeal. The appellant moved the High Court under Article 226 of the Constitution. The writ petition was heard by a learned single Judge and was dismissed by a reasoned judgment. A Letters Patent Appeal was dismissed in limine. The appellant then filed the present civil appeals by special leave.

(3.) The necessary findings on the various issues involving facts were recorded in favour of the respondents by the Rent Controller as well as the appellate Court and have been endorsed by the learned single Judge of the High Court.