M. SEN SHARMA Vs. AMBIKA PRASAD SHARMA

JUDGEMENT

(1.) THIS revision raises a short interesting question in the following manner: -Petitioner was a tenant of the respondent -landlord on the first floor of the building. The first floor was admittedly constructed by the landlord some time after 1956 after obtaining necessary permission from the Nagpur Municipal Corporation in that behalf. The ground floor below this first floor was already standing and was constructed before 1 -1 -1951. The landlord respondent -plaintiff started ejectment proceedings against the petitioner -tenant contending that the first floor was constructed after 1952 and as such it was exempted from the operation of the C. P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as the Rent Control Order) and he prayed for the recovery of arrears of rent etc. The petitioner -tenant resisted this claim. The only question before the learned judge of the small causes court at Nagpur was whether the first floor was constructed after 1 -1 -1951, and after considering the material on record learned judge held that the first floor was constructed after 1 -1 -1951 and as such was exempted from the operation of the Rent Control Order. He, therefore, passed a decree for possession, for arrears of rent etc. Feeling aggrieved by this decision the tenant -defendant has filed this revision application.

(2.) THERE is hardly any dispute about the fact that the ground floor was in existence prior to 1 -1 -1951. The first floor was constructed some time in 1956 after obtaining the sanction on 25 -6 -1952. Hence according to landlord the first floor is exempted from the operation of the Rent Control Order. Now the relevant Notification in this respect is as follows :

(3.) MR . Sanyal made a grievance about the decree for Rs. 240 also but I do not find any force in his contention. Result is that there is no merit in this revision application and it deserves to be dismissed.