GURUPRASAD Vs. ADDL DIST MAGISTRATE NAGPUR

JUDGEMENT

(1.) These are two connected writ petitions arising out of the same order passed under the provisions of the C.P.and Berar Letting of Houses and Rent Control Order, 1949 (for short, "the Rent Control Order"). The reference to the names of the parties would, however, be as in the writ petition No.820/1982.

(2.) It is necessary to state the facts in some detail for the purpose of appreciating the controversy raised in these petitions. One Shri M.V. Gokhale was the owner of the suit block in the instant case. In 1938 he let out the suit block to one Anandkumar Nigam for the purposes of running a shop named "Chitra Arts Studio" which was a photo studio. The aforesaid Shri A.K. Nigam was the proprietor of the said studio. It was agreed between the said Shri M.V. Gokhale and the proprietor of the Chitra Arts Studio Shri A.K. Nigam that the latter should deposit the rent of the suit block in the Savings Bank Account No.612 of the said Shri M.V. Gokhale with the United Commercial Bank. It may be stated at this stage that the rent of the suit block was Rs. 59/per month. This arrangement continued till the end of December 1969. In December 1969 there was a partition of the property between the said Shri M.V. Gokhale and his sons in which the suit block came to the share of his son Prakash. The tenancy of the said Shri A.K. Nigam, Proprietor of Chitra Art Studio was attorned in favour of the son Prakash Manohar Gokhale and from 1-1-1970 the rent was deposited by him in the new Savings Bank Account No.3058 of the new landlord Prakash Gokhale in the same bank.

(3.) It is the case of the petitioner and the respondent 3 in these writ petitions that in 1975 Shri A.K. Nigam fell ill and could not look after the shop. Since the petitioner who was a Lecturer in the Laxminarayan Institute of Technology, Nagpur was living separately from his father Shri A.K. Nigam since 1-7- 1974, the said Shri A.K. Nigam asked his nephew, the respondent 3 to come to Nagpur from Itarsi where he was staying and to assist him in his work in the photo studio. Accordingly, the respondent 3 came to Nagpur and was appointed as a Manager of the photo studio on a monthly salary of Rs. 500/- per month. The respondent 3 worked in the capacity of a Manager in the photo studio till 14-2-1978. Thereafter by a registered gift-deed dt. 18-4-1978 the said Shri A. K. Nigam gifted the said photo studio to the respondent 3 with effect from 14-2-1978. It is the case of the petitioner and the respondent 3 that from 14-2-1978 to 25-4-1978 the rent of the suit block was paid by the respondent 3 in the same account of the said Shri Prakash Gokhale on his own account as the proprietor of the photo studio.