SUSHILABAI Vs. NAVNITBHOJRAJ LAKHOTIYA

JUDGEMENT

(1.) BOTH these writ petitions challenge the order passed by the Resident Deputy Collector, Akola in Revenue Appeal No. BRA-13 (3)/akot/66/1989-90 by which the Resident Deputy Collector, Akola has maintained the order passed by the House Rent Controller, Akot dated 29-5-1989 in Revenue Case No. BRA-13 (3)/akot-3/1988-89. The House Rent Controller, Akola by order dated 29-5-1989 had granted permission to the petitioner in Writ Petition No. 891/92 under Clause 13 (3) (vi) of the C. P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as "the Rent Control Order") to issue quit notice to the respondents in the said petition.

(2.) THE petitioner in Writ Petition No. 891/92 is the landlord/original applicant and is respondent in Writ Petition No. 465/92 (hereinafter referred to as "the landlord" ). The petitioners in Writ Petition "no. 465/92 are the tenants/original non-applicants who are respondents in Writ Petition No. 891/92 (hereinafter referred to as "the tenants" ).

(3.) THE factual background giving rise to the filing of the present petition is as under:-That the landlord, who claims to be owner of the suit site filed an application for permission to issue quit notice to the tenant under Clause 13 (3) (i), (ii), (v), (vi), (vii) and (ix) of the Rent Control Order. The applicant/landlord claimed the ownership of the suit properly by virtue of gift to him by his grandfather Girdharilal Lakhotiya in the year 1973. According to the applicant/ landlord, after the said gift, he became the owner of the property and also became the landlord of the tenants of the property gifted to him. It is alleged by the applicant/landlord that after he became owner and landlord of the premises, the other tenants stalled paying rent to him. It is further averred in the application that Girdharilal Lakhotiya expired at Akot on 5-2-1988 and that before his death he also executed a Will, first on 2-5-1985 and also on 22-1-1988 and that the said Wills were registered by the Competent Authority on 27-7-1988.