TAHER ALI Vs. SHIVAJI EDUCATION SOCIETY

JUDGEMENT

(1.) RULE, returnable forthwith. Mr. N. W Sambre, Advocate waives service on behalf of the respondents. At the request of the learned Counsel for the parties, writ petition is finally heard and disposed of at this stage.

(2.) BY this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioners are seeking to challenge the legality and correctness of the order passed by the Resident Deputy Collector, Amravati on 4-11-1992 affirming the order passed by the Rent Controller, Amravati on 13-7-1990 whereby the said authorities rejected the application filed by the present petitioners raising objection as regards the tenability of application under Clause 16 of the C. P. and Berar Letting of Premises and Rent Control Order, 1949 (for short, the Rent Control Order, 1949) filed by the present respondents.

(3.) THE undisputed facts are, the petitioners (for short, the landlords) are owners of house property situated on Mazul Plot No. 1, Sheet No. 21, Amravati along with open site and the said premises were let out to the respondent No. 1 Shri Shivaji Education Society (for short, the tenant) by the father of the present landlords. The landlords moved application before the Rent Controller, Amravati seeking permission to issue quit notice to the tenant and the Rent Controller, Amravati granted such permission on 7-12-1986. Admittedly, the landlords issued notice to quit to the tenant on 8th April, 85 and according to the said notice, the tenancy of the tenant was to come to an and on expiry of tenancy month of May, 1985. There is no dispute that the permission granted to the Rent Controller to issue quit notice to tenant has attained finality right upto the Apex Court and the appeal, writ petition, letters patent appeal and special leave petition filed by the tenant has been dismissed by the Appellate Authority, the Single Bench, the Division Bench of this Court and the Supreme Court respectively.