TRIBHUVANDAS GULABCHAND Vs. ADDITIONAL COLLECTORE

JUDGEMENT

(1.) By this writ petition under articles 226 and 227 of Constitution of India, the petitioners-tenants challenge the order dated 7-9-1987 passed by the Rent Controller, order dated 19-1-1990 passed by the appellate authority and the order dated 31-3-1993 passed in review. The Rent Controller granted permission to present respondent No. 2 to terminate the tenancy of petitioners on the ground of bonafide requirement and said order of Rent Controller has been maintained in appeal as also in review.

(2.) Respondent No. 2 filed application before the Rent Controller under clause 13 (3) (vi) and (vii) of C. P. and Berar letting of Premises and Rent Control Order, 1949 (hereinafter referred to as Rent Control order) , on or about 26-11-1980 and sought permission to terminate the tenancy of present petitioners in relation to western half of his house No. 9-B or in the alternative of entire house. He contended that the premises were required by him to start a business of his own and also for residing along with his family. The application was opposed by the present petitioners, however, the Rent Controller after appreciating the evidence adduced, granted permission under Section 13 (3) (vi) of Rent control Order. As already stated above, the appeal preferred by the present petitioners was dismissed on 19-1-1990 and its review sought by them was also dismissed on 31-3-1993.

(3.) Heard Shri. Daga, learned counsel for the petitioners and Shri. Chandurkar, learned counsel for respondent no. 2.