V P SHANMUGHAM Vs. TUKARAM ANTURKAR

JUDGEMENT

(1.) This is a writ petition under Article 227 of constitution of India challenging the order dated 24-9-1991 passed by Additional collector, Nagpur as Appellate Authority under Clause 21 of C. P. and Berar rent Control Order, 1949 (referred as Rent Control Order hereafter) whereby said authority has allowed the appeal filed by respondent-tenant and has reversed the order dated 30-11-1988 passed by Rent Controller, Nagpur granting permission to petitioner landlord to terminate tenancy of respondent under clause 13 (3) (i) (ii) of Rent Control Order.

(2.) I have heard Advocate Shri Joshi for petitioner-landlord and Advocate shri Shelat for respondent-tenant. After hearing both the counsels, I find that the case for remand is made out. Both the Advocates have stated that remand should not be ordered in the matter and this Court should itself decide it one way or the other.

(3.) Facts in brief are that the mother of petitioner filed application under clause 13 (3) (i) (ii) of Rent Control Order contending that the respondent is her tenant and monthly rent was Rs. 60/ -. The present petitioner was applicant No. 2 with his mother in it. It was pointed out that the respondent tenant is in arrears of rent since 11-5-1983 till 28-2-1987 for period of 46 months and amount thereof worked out to Rs. 2760/- only. A registered A/d notice dated 26-2-1987 was therefore served upon tenant and on 24-3-1987 respondent paid sum of Rs. 1500/- only by cheque and promised to pay the balance soon. The petitioner therefore filed application before Rent Controller on 28-4-1987 and at that time the respondent was in arrears of Rs. 1380/- i. e. rent of 23 months. The respondent admitted the relationship as landlord and tenant between parties and also monthly rent. He took defence that as petitioner did not issue rent receipts, he remitted rent by money-orders and also by cheques but petitioner avoided to accept the same only to create false evidence against him. Rent Controller then recorded evidence of parties and on 30-11-1988 accepted the case of petitioners and granted them permission under both the clauses. This permission was challenged by respondent by filing appeal before Appellate Authority under clause 21 of rent Control Order and the Appellate Authority on 24-9-1991 reversed the permission granted to petitioners and allowed the appeal of tenant. The petition is directed against this order.