LAXMIBAI Vs. RENT CONTROLLER NAGPUR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of the parties, Shri. D. P. Thakare, the learned assistant Government Pleader waives notice on behalf of the respondent Nos. 1 and 2 in Writ petition Nos. 3266 of 2004 and 2294 of 2004. Shri. Rajeev Deo, the learned Counsel waives notice on behalf of the respondent No. 3 in Writ petition No. 3266 of 2004. Shri. S. S. Doifode, the learned Assistant Government Pleader waives notice on behalf of the respondent Nos. 1 and 2 in Writ Petition No. 2295 of 2004. Shri. S. D. Kalyani, learned Counsel waives notice on behalf of the respondent No. 3 in Writ Petition no. 2295 of 2004 and Shri. Girish Chaubey, the learned Counsel waives notice on behalf of the respondent No. 3 in Writ Petition No. 2294 of 2004.

(2.) All these three petitions impugn the order passed by the learned Rent Controller dated 10th June, 2002 thereby rejecting the application of the petitioners for reconstruction of record.

(3.) The present petitioners had filed an application for determination of fair rent before the learned Rent Controller where the premises let out to the respondent No. 3 in each of the petition. The same proceedings were registered as Revenue Case Nos. 62, 63 and 64/a-71 (1) /1989-90. However, when the matters were fixed for recording the evidence of the petitioners, the matters came to be dismissed in default on 30th September, 1994. The petitioners, therefore, filed applications for restoration of the cases. The said applications for restoration were also dismissed. Being aggrieved thereby, the petitioners preferred appeals in all the three matters before the learned additional Collector and the learned Additional collector vide order dated 24th April, 2002 remanded back the matters to the Rent controller, Nagpur for deciding the same.