DEORAO PANDURANG MANGRULKAR Vs. COLLECTOR CHANDRAPUR

JUDGEMENT

(1.) These two writ petitions can be conveniently decided by a common judgment as practically same or similar points arise in both of them. The Rent Controller, Chandrapur, granted permission to the landlord to terminate the tenancy on the ground that the premises are needed for bona fide occupation of the landlord. This permission was granted under Clause 13 (3) (vi) of the C. P. & Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as the Rent Control Order), After the Jandlord obtained possession on the basis of that permission, the Collector allotted the premises to some one else, holding that the tenement was not needed by the landlord. The controversy is whether this is permissible.

(2.) The petitioner is an owner of a building standing on a Nazul Sheet No, 10, Plot No. 44-45 at Chandrapur. This building consists of six blocks. Respondent No. 2 in Special Civil Application (Spe. C. A.) No. 1074 of 1972 is Mansur Husain and he was occupying block No. 6 as the petitioner's tenant, while Abdul Husain, respondent No. 2 in Special C. A. No. 1076 of 1972 was in possession of block No, 5 as a tenant. I will refer to these tenants by their names instead of saying that he is the respondent No. 2 in a particular petition. The petitioner filed an application under Clause 13 of the Rent Control Order for permission to terminate the tenancy of Mansoor Husain. That proceeding was numbered as Rev. Case No. 32/71-2/64-65. Clause 13 of the Rent Control Order provides that a landlord is entitled to terminate the tenancy of a tenant only after obtaining permission of the Controller. Sub-clause (3) enumerates a number of grounds on the proof of which the landlord can get such permission. Sub-clause (3) (vi) says that such a permission can be obtained if the landlord proves that he needs the house or a portion thereof for the purpose of his bona fide occupation. The landlord has filed another proceeding (Rev. Case No. 29/71-2/64-65) against Abdul Husain for getting similar permission with respect to the block in possession of Abdul Husain. In both these proceedings the landlord-petitioner has contended that he is entitled to a permission under cl 13 (3) (vi) of the Rent Control Order as also under some other clauses. It is not necessary to give details of the case falling under other clauses. The Rent Controller, by his order dated 28-2-1966, granted permission to the petitioner in both these proceedings and the permission was under clause 13 (3) (vi). Mansoor filed appeal No. 47/71-2/65-66 against this decision. Appeal filed by Abdul Husain was numbered as appeal No. 46/71-2/65-66. On 26-7-1966 both these appeals were allowed and the applications made by the petitioner were dismissed. The petitioner preferred two writ petitions against these orders in this Court. Special Civil Application No. 20 of 1967 was against Mansoor while Special Civil Application No. 19 of 1967 was against Abdul Husain. This Court set aside the orders of the appellate authority and held that the premises in possession of Mansoor and Abdul Husain were needed by the petitioner for the purpose of his bona fide occupation and, as such, a permission for terminating the tenancy of Mansoor and Abdul Husain should be granted. On the basis of these decisions, the petitioner terminated the tenancy of the two tenants and filed suits Nos. 2 and 3 both of 1969 against Mansoor and Husain, respectively. These suits have been decreed on 17-1-1970. Mansoor and Husain have filed appeals Nos. 35 and 36 of 1970 against the decrees of the trial Court. These appeals are pending in the District Court at Chandrapur.

(3.) At the time these suits were decreed, the petitioner had already obtained possession of the three more blocks, viz., blocks Nos. 2, 3 and 4. Mansoor, therefore, made an application under clause 23 and 24 of the Rent Control Order requesting that he may be allotted any of the blocks Nos. 2, 3 or 4, belonging to the petitioner. Clause 23 and 24 permit the Controller to make an allotment of a tenement in favour of a particular class of persons. The class of "evicted persons" is included in that category. The term "evicted person" has been defined in clause 2 (2-a) as follows: "evicted persons" means a tenant whose landlord has been granted permission to give notice to determine the lease on a ground specified in item (vi) of Sub-clause (3) of clause 13."