GUNVANTRI NANDLAL LATHIWALA Vs. SARABI FIDAHUSSAI

JUDGEMENT

(1.) By this petition, the landlord seeks to challenge the order of the Resident Deputy Collector, passed on 16-12-1977 allowing the application of the respondents-tenants, filed before the Rent Controller under Clause 13 (4) of the Rent Control Order. Brief facts relevant for the purpose may be narrated as follows :

(2.) The petitioner is the owner of House No. 241 in Ward No. 12 at Yeotmal. The premises were let out to the respondents for business purpose. The suit house consists only of one room on the ground floor and one room with a balcony on the first floor. The petitioner filed an application before the Rent Controller seeking permission to terminate the tenancy of the respondents under Clause 13 (3) (vi) of the Rent Control Order. At the initial stage, the Rent Controller rejected the application on 4-5-1964. The petitioner thereafter preferred appeal and the same was allowed by the Resident Deputy Collector by his order dated 20-3-1965. The petitioner having secured the permission, terminated the tenancy of the respondents and filed a Civil Suit for ejectment of the respondents vide Civil Suit No 88/65. In the meantime, the tenant's petition before the High Court challenging the granting of permission came to be dismissed. The petitioner's suit for ejectment was decreed and the respondents-tenans' attempts to reverse the decree proved futile, thesr First and Second Appeals having been dismissed by the Courts. Ultimately, the petitioner secured possession of the suit premises on 22-6-1972.

(3.) It must be borne in mind that the petitioner under sub-clause (4) of Clause 13 of the Rent Control Order was bound to occupy the premises for his bona fide residence within one month, inasmuch as that was the purpose for which the tenancy of the respondent was terminated.