LAXMIKANT BHASKAR SABNIS Vs. VINAYAKRO DEORAO DESHMUKH

JUDGEMENT

(1.) THIS is a landlord's petition under Article 227 of the Constitution challenging' the appellate order of the rent control authority in proceedings commenced by the petitioner for permission to terminate the tenancy of opponent No. 1 Vinayakrao in respect of certain premises in the town of Amravati.

(2.) THE permission was sought under the provisions of Clause 13(3)(vii) of the C.P. and Berar Letting of Houses and Kent Control Order, 1949, on the ground that the landlord desires to make essential repairs and alterations which cannot be made without the tenant vacating the whole of the premises. The Rent Controller granted such permission in respect of the whole house. Against this order the tenant filed an appeal before the Appellate Authority.

(3.) THE petitioner challenge's this order relying mainly on the general law between landlord and tenant under which a lease has to be determined by notice covering the whole of the premises comprising the tenement or demise and not only a portion of the tenement. In support of this contention the learned Counsel relied on an earlier decision of the Nagpur High Court reported in Pandit Sakharampant v. K.L. Lodhi E.A.C. [1953] N.L.J. 235. In that case permission was sought to terminate the tenancy on the ground that the landlord needed to occupy the house for his own bona fide residence and in that context it was held that under the law it was open to the landlord to terminate the tenancy of the entire house and not a portion thereof; when the landlord's needs were genuine even as to the portion of the house the Rent Controller was bound to grant him permission to terminate the tenancy in the entire house.