SUSHILABAI HARIKISAN BARODIA Vs. SURAJNARAAN BHOLANATH PANDE

JUDGEMENT

(1.) HEARD Mr. S. R. Deshpande, the learned Counsel for the petitioners and Mr. Kothari, the learned A. G. P. for respondent Nos. 2 and 3. None for respondent No. 1.

(2.) INVOKIHG the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioners-tenants challenges the order dated 26th September, 1988 passed by the Additional District Magistrate. Nagpur in r. C. Appeal No. 22/a-71 (2)/87-88, who confirmed the findings of the Rent Controller granting permission to the respondent landlord to serve quit notice for termination of tenancy under sections 13 (3) (ii) and (iii) of the C. P. and Berar Lettering of Premises and Rent Control Order, 1949 (In short, the Rent Control Order ).

(3.) BRIEF facts are as under : originally, father of the respondent No. 1 Bholanath Pande (since deceased) inducted the husband of the petitioner No. 1 Fulchand Patel as a tenant on the monthly rent of Rs. 25. 00 per month. The shop of denatured spirit was being run in the suit premises by obtaining the necessary licence. Bholanath Pande died on 18-10-1968 and after his death, his three sons including the respondent No. 1 inherited the suit property and there was oral partition between them and the shop premises in occupation of Fulchand patel was allotted to the share of Surajnarayan Pande, the respondent No. 1. Similarly, Fulchand Patel also died on 24-1-1982 and petitioner No. 1 parwatabai, who is widow had inherited the tenancy of the shop premiss and the licence of the shop was transferred in her name. She had no male issue, and therefore, petitioner No. 2 was assisting her in the said business.