SABIRULLAKHAN S O SAFAKATULLAKHAN Vs. PRAMOD

JUDGEMENT

(1.) This is a writ petition preferred by the landlord against the concurrent orders of the Rent Control authorities against him.

(2.) Briefly the facts are that the petitioner filed an application under Items (i), (ii), (vi) and (vii) of Clause 13(3) of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 (for short, Rent Control Order), seeking permission of the Rent Controller to give quit notice to the respondent/tenant. The learned Rent Controller dismissed the said application. The appeal preferred by the petitioner was also dismissed by the learned Appellate Court. Being aggrieved, the petitioner has preferred the instant writ petition in this Court.

(3.) At the outset it must be seen that there is little scope for interference in this writ petition because there are concurrent findings of fact of the courts below upon the grounds under Items (i), (ii), (vi) and (vii) of Clause 13(2) of the Rent Control Order. As regards Clause 13(3)(i) the case of the petitioner is that the respondent was in arrears of rent for a period from 1-12-1976 till the date of the application before the Rent Controller i.e. 15-2-1978. On the same ground the petitioner has claimed that the respondent was a habitual defaulter within the meaning of Clause 13(3)(ii) of the Rent Control Order. In regard to the above grounds the learned Rent Controller has found that since no rent receipts are filed by the landlord the version given by the respondent/tenant should be believed that he has paid the rent for the period in question. In the absence of the rent receipt there is an oath against oath of the landlord and the tenant and, therefore, it is open to the Rent Controller to accept the evidence of either of them since he has watched them in the witness box. If the Rent Controller has believed the evidence of the respondent/tenant no fault can be found with such appreciation of the evidence by the learned Rent Controller. The findings of the Rent Control authorities under Items (i) and (ii) of Clause 13(3) of the Rent Control Order cannot, therefore, be interfered with in writ jurisdiction of this Court.