ABDUL LATIF JUSABHAI Vs. D.R. JAODEKAR

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India the petitioner prays for issuance of an appropriate writ or order quashing the appellate order dated June 23, 1959, made by the Deputy Collector, respondent No. 1 hereto, and prohibiting respondent No. 3 from terminating his (petitioner's) tenancy. The matter arises out of proceedings taken under the C.P. and Berar Letting of Houses and Rent Control Order, 1949, hereinafter called the Order or the Rent Control Order.

(2.) RESPONDENT No. 3 claimed to be the owner of the house in question. He stated that it had fallen to his share in a partition among the members of his family. The petitioner is occupying those premises as a tenant. Respondent No. 3 applied to the Rent Controller undercl. 13(3)(vi) of the Order for permission to serve a quit notice on the petitioner on the ground that he (respondent No. 3) needed the house for the purposes of his bona fide residence. The petitioner opposed this application on various grounds. One of the contentions raised by him, and which is material for the purpose of this case, was that respondent No. 3 was not entitled to claim the relief and apply under Clause 13(3)(vi) of the Order inasmuch as he was in occupation of another residential house of his own in the same town.

(3.) FEELING aggrieved by this order respondent No. 3 preferred an appeal before respondent No. 1. Respondent No. 1 did not concur with the view taken by the Rent Controller. He, therefore, allowed the appeal, but curiously enough he has made no operative order granting respondent No. 3 permission to terminate the tenancy of the petitioner. It is against this order of respondent No. 1 that the petitioner has approached this Court under Articles 226 and 227 of the Constitution praying for the aforesaid relief,