SOLOMAN JACOB Vs. RESIDENT DEPUTY COLLECTOR

JUDGEMENT

(1.) THIS writ petition impugns a judgment and order passed by the Additional Collector, Amravati on 22-3-1993 in Revenue Appeal No. 18/71 (2)/92-93 of Amravati, by which judgment and order the Additional Collector has granted permission to the respondent No. 2 landlord to give a quit notice under Clause 13 (3) (i), (ii) and (vi) of Rent Control Order, 1949.

(2.) THE brief facts of the case from which the present petition arises are as follows:---

(3.) THE contentions raised on behalf of the petitioner are that for arriving at his finding, the Additional Collector has referred to and taken into account the additional documents, which had been filed by the respondent No. 2-landlord before the Rent Controller as well as Resident Deputy Collector, without proof of the documents and without giving an opportunity to the petitioner to rebut the same. A bare glance of the order would indicate that it would be correct to say that the finding has been arrived at by the Additional Collector on the basis of the documents produced subsequently by respondent No. 2-landlord. There is a reference to the rent bills produced by respondent No. 2-landlord in respect of the house at Amravati. There is a reference to a copy of posting order indicating that the respondent No. 2-landlord was posted at Amravati. Reliance is also placed upon the certificates indicating that the respondent No. 2 had joined as Superintendent in the Office of Regional Seeds Certificate from 3-9-1988 and that his daughter was learning at Rural Institute at Amravati. The Court has observed that these certificates are placed on record. There is also reference to the subsequent decree passed by the Civil Court, in favour of the respondent No. 2-landlord.