MURLIDHAR SAHAJRAM SADHAWANI Vs. RESIDENT DEPUTY COLLECTOR WASHIM

JUDGEMENT

(1.) In both the petitions on 3rd July, 2003 notice for final disposal was issued. Accordingly both the petitions were extensively heard on 13th february, 2004 and the same were adjourned till today for Judgment.

(2.) THE facts of the case involved in both the petitions are more or less identical and therefore, both the petitions can be conveniently disposed of by a common Judgment and Order. Since the facts in both the cases are identical, for the sake of convenience, reference has been made to the facts of the case in Writ Petition No. 1971 of 2003.

(3.) THE petitioner is a tenant of the respondent No. 2 in respect of a shop premises at Karanja. The respondent No. 2 filed an application against the petitioner before the Rent Controller, Mangrulpir seeking permission to terminate the tenancy of the petitioner on the grounds set out in the said application. By Judgment and Order dated 15th July, 2002 the said application was rejected. It is the case of the petitioner that respondent No. 2 did not prefer Appeal against the said order within the limitation prescribed by cl. 21 of the C. P. and Berar (Letting of Premises) and Rent control Order, 1949 (hereinafter referred to as "the Rent Control Order" ). Therefore, the respondent No. 2 made an application for condonation of delay in preferring appeal before the Additional Collector, Washim. By Order dated 4th April, 2003, the delay in preferring appeal was condoned by the learned Additional Collector. The said Order has been impugned by the petitioner in the present petition.