KHUBIRAM BODALRAM SHARMA Vs. RESIDENT DEPUTY COLLECTOR

JUDGEMENT

(1.) BEING aggrieved by the order passed by the learned Resident Deputy Collector, Amravati dated 17-5-1991 thereby partly allowing the appeal of the respondent No. 2 and granting permission to the respondent No. 2 under Clause 13 (3) (iv), (viii) and (ix) of the Rent Control Order to issue quit notice to the petitioners, the petitioners approached this Court by way of present petition.

(2.) THE facts in brief out of which the present petition arises are as under: that the respondent No. 2 herein preferred an application under Clauses 13 (3) (i), (ii), (iv), (viii) and (ix) of the C. P. and Berar Letting of Houses and Rent control Order, 1949, (hereinafter referred to as the "rent Control Order" ). It was the contention of the respondent No. 2 in his application that the non-applicants therein were given premises for running a hotel only. It was further averred that the non-applicants are using the premises for pan shop. It was thus complained that the non-applicants are using part of the premises for purposes other than for which it was leased out. Insofar as Clause 13 (3) (viii)and (ix) are concerned, it was contended that due to acts of destruction of the non-applicants/tenants, the MCH No. 385 was damaged. It was further averred that the tenants are causing nuisance and thereby causing injury, danger, annoyance to the health of the other tenants and to the property of the applicant. Insofar as Clause 13 (3) (i) and (ii) are concerned, it was contended that the non-applicants have not paid municipal taxes from 1-10-1967 and as such the non-applicants were in arrears of rent for Rs. 5906=25.

(3.) BY a subsequent amendment, it was averred that the non-applicants were using the said premises for video-parlour and therefore, it amounted to change of user.