RAJARAM GANPATI Vs. MADHUKAR WAMANRAO YADAU

JUDGEMENT

(1.) The plaintiff in Civil Suit No. 429 of 1974 of the file of the Small Causes Court, Nagpur has preferred this revision against the dismissal of his claim for eviction of the erstwhile tenant in the suit premises.

(2.) The plaintiff owns a house at Nagpur and a part of it was let out to the defendant on a monthly rent of Rs. 45.00. According to the plaintiff, the house in question was constructed in 1952 and as such the provisions of C. P. and Berar Letting of Houses and Rent Control Order, 1949 are not applicable. The plaintiff terminated the defendant's tenancy by notice dated 24-11-1973 and thereafter filed the suit under revision for recovery of possession and certain arrears.

(3.) Long before 1951, there was a Pucca Masonry plinth on the plot in question. Plaintiff's vendor is one Pathak who purchased the house on 27-1-1951. In the sale deed Exh. 32 there is a reference of the existence of such a plinth on the said plot. The Government has issued a notification granting certain exemptions from the operation of the Rent Control Order. For example, a house used for residential purposes is exempted if it is constructed on a 'site lying vacant on 1st Jan., 1951 or on a site made vacant on or after that date by demolition of any structure standing on such site'. The main contention of the defendant is that the plot was not vacant as the plinth was standing since before 1-1-1951 and hence the Rent Control Order is applicable. It is needless to say that under that Order it is necessary for the landlord to obtain permission of the Rent Controller before terminating the tenancy. It is common ground that the said permission was not obtained by the plaintiff.