NARENDRA GULABRAO ZADE Vs. SHIOCHARAN GHASHIRAM GUPTA

JUDGEMENT

(1.) Heard Shri Deshpande, learned counsel for the petitioner and Shri Mardikar, learned counsel for the respondents.

(2.) By this petition, the petitioner-landlord has challenged the reversing judgment delivered by the Additional Collector, Amravati, in Appeal No. 9/71(2)/9596 dated 6-2-1997. The Rent Controller had given the petitioner permission to terminate the tenancy of the respondent - tenant under Clauses 13(3)(ii), (v) and (vi) of C.P. and Berar Letting of Premises and Rent Control Order, 1949, (hereinafter referred to as Rent Control Order). The permission under clause (iv), (viii) and (ix) was rejected. The respondent - tenant filed above mentioned appeal under Clause 21 of Rent Control Order and the appellate authority has allowed his appeal and set aside permission granted under clauses (ii), (v) and (vi). Thereafter this writ petition came to be filed. Today while arguing the matter finally, claim for permission under clause 13(3)(ii) i.e. habitual defaulter has been give up. The arguments have been advanced only on clause (v) which deals with acquisition of alternate accommodation by tenant and clause (vi) which deals with bona fide need of the landlord.

(3.) The learned counsel for the petitioner has contended that the appellate authority has given undue importance to trivial things and has unnecessarily interfered with the findings of facts reached by the Rent Controller. The construction of a huge bungalow by tenant in Prabhat Colony within Municipal limits of Amravati town has been accepted and proved on record. This by itself is sufficient to show acquisition of alternate accommodation by the tenant. The fact that original tenant Shiocharan did not shift to that bungalow is not decisive and determinative in this situation. The contention is Shiocharan expired during the pendency of this litigation and along with widow of Shiocharan, his only son by name Anil has become joint tenant of suit premises. As Anil admittedly owns and possess alternate accommodation, permission under clause 13(3) (v) of Rent Control Order needs to be maintained/granted by this Court. It is further stated that the physical disability of landlord and his wife to climb stairs, diseases suffered by them have been proved on record by necessary medical certificates and hence need of premises on ground floor has been established.