BABULAL FATTELALJI UPADHYAYA Vs. GAJRAJ HANSRAJ PIGALIA

JUDGEMENT

(1.) Heard. THE applicant has sought to revise the order dated 12-8-1999 passed by the 7th Joint Additional District Judge, Nagpur reversing the decree of mesne profits passed in favour of respondent.

(2.) The petitioner was the landlord of the suit premises. Since he needed the premises for his bona fide occupation he applied to the Rent Controller for permission to terminate the respondent's tenancy. Respondent, however challenged the permission of the Rent Controller, initially before the appellate authority and then by way of writ petition before this Court. This Court dismissed the Writ petition No. 250/1989 and upheld the order of the authorities under the C. P. and berar Letting of Houses and Rent Control Order, 1949. The respondent thereafter preferred Letters Patent Appeal before the Division Bench of this Court. 2a. In the meanwhile the respondent had filed the Civil Suit No. 1191/1988 for eviction. This suit was decreed on 26-11-1992.

(3.) Now coming back to the permission, the matter was in Letters Patent appeal before the Division Bench of this Court. On 22-4-1994 the Division bench disposed of the Letters Patent Appeal after recording the petitioner's statement that he agrees to allow the respondent to stay in the premises upto 31-12-1994. The Division Bench accordingly disposed of the Letters Patent appeal granting time to the respondent to vacate on 31-12-1994, if he files usual civil Rev. Appln. No. 1134 of 1999 decided on 9-1-2006. (Nagpur) undertaking. The Division Bench also observed that the respondent should regularly pay the rent to the petitioner till he vacates the suit premises as per his undertaking.