KRISHNARAO Vs. THE ADDITIONAL COLLECTOR AND ORS.

JUDGEMENT

(1.) HEARD learned advocates for the respective parties.

(2.) THE petition is filed by the landlord challenging the orders passed by the subordinate authorities rejecting the application filed by him, seeking permission to terminate the tenancy of the respondent No. 2 -tenant under Clause 13(3)(i) and (ii) of the C.P. and Berar Letting of Premises and Rent Control Order, 1949 (hereinafter referred to as "the Rent Control Order, 1949").

(3.) THE landlord pleaded that the tenant was required to pay the rent every month as the tenancy was monthly, however, the tenant was irregular in paying the rent. The landlord pleaded that the tenant paid the rent for few months in lump sum, but, whenever the arrears of rent were paid, the tenant did not pay the entire arrears of rent and remained in arrears of rent for some months. The landlord produced the details of payment of rent by the tenant in the schedule in paragraph 2 of the application to substantiate that the tenant was irregular in paying the rent and the arrears of rent. In these facts, the landlord claimed that the tenant was 'habitual defaulter' within the meaning of Clause 13(3)(ii) of the Rent Control Order, 1949 and the landlord was entitled to terminate the tenancy of the tenant.