INDIRABAT GANPATRAO KUHIKAR Vs. HOUSE ALLOTMENT OFFICER

JUDGEMENT

(1.) THE House Allotment Officer, Nagpur (called for short HAO), having rejected the prayer of the petitioner that she needs the premises for her own occupation, directed her to let them to respondent No. 2, acting under clause 23 of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (called for short "the Rent Control Order"). Aggrieved by this order, she filed the present under Article 227 of the Constitution of India for quashing the same.

(2.) THE petitioner is an old woman aged about 65 years, has no issues and resides all alone in part of the premises in question. The first floor rented premises having fallen vacant, she sent an intimation to the Collector as required by clause 22 of the Rent Control Order, stating further that she is patient of ulcer and blood pressure and she does not propose to relet the premises but desires to keep her sister's sons in those premises to take care of her in her old decrepit age. She appeared before the HAO and also deposed to the same effect. The HAO Rejected the prayer with these observations :

(3.) NOW , when the premises are in occupation of a tenant and the landlord needs them for his occupation, he had to apply for grant of permission to give notice to terminate the lease under clause 13(3)(vi) of the Rent Control Order which is worded thus :