MOHANLAL NEVADRAM BHATIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Mardikar, Advocate for the petitioner - tenant and Shri Mohta, Advocate for respondents No. 5 to 9 landlords and Shri Thakre, learned AGP for respondent No. 1 - State of Maharashtra.

(2.) In this writ petition filed under Article 226 of Constitution of India, challenge is to the order dated 19-11-1982 passed by the Appellate Authority under provisions of C. P. and Berar Letting of Houses and Rent Control Order, 1949, (hereinafter referred to as Rent Control Order) and subsequent order passed in review on 30-1-1987. Though the initial application filed by the landlords i. e. present respondents No. 5 to 8 was seeking permission under clause 13 (3) (i) to (vi) , the Appellate Authority has granted permission only under clause 13 (3) (ii) viz. Habitual default. The petitioners - tenants applied for review of said order and that review has been rejected and therefore, the tenants are before this Court in the present writ petition. The landlords have not questioned rejection of their application under other heads. Therefore, this Court is required to consider the controversy only in relation to clause 13 (3) (ii) of the Rent Control Order.

(3.) This writ petition appears to have been ordered to be considered along with Writ Petition No. 966 of 1988. Writ Petition No. 966 of 1988 was already compromised between the parties and has been disposed of accordingly.