JANBA DAULATRAO BORKAR Vs. RAJESH KUMAR RAMJIWAN AGARWAL

JUDGEMENT

(1.) The respondent -landlord who is a minor through his father guardian filed an application under Clause 13 (3) (vi) of the C.P. & Berar Letting of Houses and Rent Control Order. 1949, referred to hereinafter as the Rent Control Order contending that his father wants to revive his cloth business to set up an cloth shop in the premises occupied by the petitioner-tenant. In the application he further contended that the Landlord and his father also wants to reside in the portion of the premises. According to the landlord, at present he is residing in a rent house and he has no house of his own in the city of Nagpur. Therefore, he needs this house for his bona fide occupation.

(2.) This application was resisted by the petitioner tenant. He contended that the applicant's father was not doing any cloth business at any time and the application filed is not bona fide. He further contended that in fact one of the blocks has fallen vacant. In that block the applicant's father started a shop of selling steel trunks. He closed the business after some time and let out the block at higher rent. He further contended that the application has been filed by the landlord because the petitioner -tenant refused to pay enhanced rent. According to him, the applicant or his father did not require the premises bona fide and they have no intention to start any business. He also denied that the applicant is living in a rented house.

(3.) Before the Rent Controller the father of the landlord was examined. On the other hand, the tenant examined himself and one Saifuddin in support of his case. The petitioner -tenant has also filed an application for examining additional witness. Such an application was filed on 5-4-1971 but the same was rejected by the learned Rent Controller. According to the learned Rent Controller, the application was not well founded and was filed at a late stage. The learned Rent Controller further observed that there is sufficient provision in the Rent Control Order for an action against such landlords who would misuse the permission granted to them under clause 13 (3) (vi) of the Rent Control Order. He further observed that he will inspect the spot. Thereafter it seems that the spot was inspected and arguments were heard and ultimately by an order dated 14-4-1971 the Rent Controller allowed the application filed by the landlord.