KISHORILALLAXMINARAYAN CHANDAK Vs. LEELABAI WD/O NANDIRAM HOLANI

JUDGEMENT

(1.) THE applicant's father Laxminarayan owned a residential house bearing Municipal House No. 208 in Ward No. 25 at Waruha. The ground floor of the house consisting of four rooms was let out to the tenant in February 1972. The tenant started conducting the business of a grocery shop in the premises. Several agreements of lease were executed between the parties and by the last of those agreements executed on 10-6-1980, the rent was fixed at Rs. 375/- per month. The last of the lease agreements expired on 31-1-1983.

(2.) SINCE the tenants failed to vacate and hand over the possession of the rented premises upon the expiry of the lease, the applicant moved the Rent Controller for the grant of his prior written permission under Clause 13 of the C. P. and Berar Rent Control Order, 1949. The Rent Controller granted the permission as prayed for under Sub-clauses (ii), (v) and (vi) of Clause 13 (3) of the Rent Control Order. The aforesaid sub-clauses deal with a situation where the tenant is habitually in arrears of rent; where the tenant has secured alternative accommodation, or has left the area for a continuous period of four months and does not reasonably need the premises; and where the landlord needs the premises for his bona fide occupation provided he is not occupying any other premises of his own in the city or town concerned.

(3.) AFTER the Rent Controller granted permission to the applicant to terminate the tenancy, the applicant issued on 16-5-1986 a notice to the tenant terminating the tenancy with effect from 30-6-1986. In response to the notice of termination, the tenant by his reply dated 29-5-1986 stated that he had challenged the order of the Rent Controller by filing an appeal against the order dated 21-4- 1986. In the circumstances, the tenant contended that since the appeal was pending, the notice which had been issued was premature. The tenant stated that he was ready and willing to deposit the arrears of rent in Court.