GANGABAI AGARWAL Vs. TRAVELLERS LODGE, GONDIA, AND OTHERS

JUDGEMENT

(1.) The appellant has challenged the order of the learned Single Judge dated 18-2-1993, in the instant Letters Patent Appeal by which he has affirmed the order of the learned Rent Control Appellate Authority in review remanding the proceedings to the learned Rent Controller to enable the appellant to bring on record the names of the legal representatives of one of the deceased partners of the respondent No. 4 Firm who had died prior to the decision of the learned Rent Controller in the instant case.

(2.) The facts are that the appellant is the owner of the suit premises. The respondent No. 4 is a registered partnership firm of which the respondents Nos. 2 and 3 and Smt. Jadaoben Harikisandas Gujrati shown in the original application under Clause 13(3) of the C. P. & Berar Letting of Houses and Rent Control Order, 1949, (for short "the Rent Control Order") as the non-applicant No. 3 were the partners. It is not in dispute that the appellant-landlord had created a tenancy in favour of the said firm in regard to the suit premises in which the respondent No. 4 was running a Lodge known as Travellers' Lodge Gondia, i. e. the respondent No. 1.

(3.) The appellant filed an application under Clause 13(3) (ii) and (vi) of the Rent Control Order before the Rent Controller, Gondia, seeking his permission to terminate the tenancy of the respondent No. 4 Firm in respect of the suit premises. In the said application under Clause 13(3) of the Rent Control Order, apart from the respondent No. 4 Firm and the Lodge run by it in the suit premises, all the three partners of the respondent No. 4 referred to above were joined as parties. The learned Rent Controller by his order dated 5-2-1986, allowed the said application and granted permission under Clause 13(3) (ii) and (vi) of the Rent Control Order, 1949 to the appellant-landlord to give quit notice to the respondent No. 4/tenant.