LAKSHMIKANT BABURAO HAJARE Vs. MAHARASHTRA AGENCIES

JUDGEMENT

(1.) HEARD Adv. Choudhari, for the petitioner and Adv. Agnihotri for Respondents.

(2.) BY this petition filed under articles 226 and 227 of the Constitution of india the petitioner landlord has challenged the order dated 28-8-1991 passed by the respondent No. 5 Additional District magistrate, Nagpur rejecting the permission to him to terminate the tenancy of tenants/ respondents Nos. 1 and 4 on the ground of benafide need. The said order is passed under clause 21 (2) (a) of C. P. and Berar Rent control Order, 1949 (hereinafter referred to as "rent Control Order" ).

(3.) THE petitioner instituted proceedings on 25-04-1988 against the respondent/tenants for permission to issue quit Notice under Clauses 13 (3) (i) (ii) (vi) of rent Control Order. It is pointed out that the permission under sub-clause (i) can be granted if the tenant. is in arrears of rent for the period of more than three months. By 1989 amendment this period has been increased to six months. Under sub-clause (ii) permission can be granted if it is shown that the tenant is habitual defaulter and under sub-clause (vi) permission can be granted if the premises is needed by the landlord for the bonafide occupation. The respondent no. 1 is a partnership concern while the respondent Nos. 2,3 and 4 are its partners. In this petition the landlord has pressed only ground of bonafide need and therefore, one need not consider the case under Clause 13 (3) (i) and 13 (3) (ii) of the Rent Control order.