LAWS(BOM)-2006-6-129

DINKAR BALKRISHNA RANADE Vs. BHAGWANDAS BHALCHAND LOHANA

Decided On June 15, 2006
DINKAR Appellant
V/S
BHAGWANDAS BHALCHAND LOHANA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. This appeal under Clause 15 of the Letters Patent is directed against the judgment of the learned Single Judge in Writ Petition No. 3102 of 1993 dated 18-8-1994; by which the order passed by Resident Deputy Collector as well as rent Controller arising out of RM 27/71 (2) /86-87 Yavatmal were confirmed.

(2.) The facts in nutshell required for the decision of this appeal; can be stated thus : the appellant-landlord had applied for permission to terminate the tenancy of the respondent No. 1 under clauses 13 (3) (i) (ii) (iv) and (vi) of the C. P. and berar Letting of Houses and Rent Control Order, 1949. The landlord-appellant had claimed a case for default in payment of rent, change of user and also for bona fide requirement. It may be stated that during the course of hearing of this appeal the learned counsel for the appellant pressed the appeal only on the ground of bona fide occupation/requirement. The learned Rent Controller, Yavatmal had rejected the application of the appellant/landlord on this count so also others.

(3.) In appeal, the learned Resident Deputy Collector confirmed the order of the learned Rent Controller by his order dated 6-1-1992.