SARDARSINGH HARISINGH BAGGA Vs. SHRIRANG RAMRATAN CHANDAK

JUDGEMENT

(1.) The petitioner Sardarsingh is the tenant of Block No. 306/24 belonging to the respondent Shrirang Chandak situate at Mofusil Plot Amravati. The respondent landlord filed an application in November 1971 against the present petitioner-tenant under Clause 13(3)(iii), (v) and (ix) of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 before the Rent Controller. The petitioner tenant field his written statement and upon recording evidence and hearing parties, the Rent Controller rejected the landlords application on all counts to terminate the tenancy under the various clauses of the Rent Control Order. This was in Revenue Case No. 135/71(2)/71-72 dated 5-7-1973.

(2.) The respondent landlord feeling aggrieved by the said order preferred an appeal before the Resident Deputy Collector having Rent Control Appellate Powers at Amravati. This was registered as Appeal No. 12/71(2)/73-74. The Appellate Court upon hearing the Counsel of both sides agreed with the Rent Controller in so far as the rejection of the application under Clause 13(3)(iii) and (ix) are concerned. However, in so far as the respondents claim for seeking permission under Clause 13(3)(v) was concerned, the learned Resident Deputy Collector allowed the appeal and granted the respondent permission to terminate the tenancy of the petitioner tenant. This order came to be passed on 31-3-1975. It seems that the petitioner tenant again preferred a review application before the same Appellate Authority which was registered as Review Application No. 16/74-75, but the same was also rejected by the Resident Deputy Collector on 178-1975. It is against this order that the petitioner has now come up before this Court under Article 227 of the Constitution.

(3.) Since the permission granted to the respondent landlord is under Clause 13(3)(v), the petitioners Counsel also restricted his contentions on that ground only. The briefly facts of the case may be stated as follows.