NANDKUMAR B H NAIDU Vs. THANWARDAS HASANAND JANYANI

JUDGEMENT

(1.) Heard Mr. Jaiswal, learned Counsel for the petitioners. Mr. N. Lalwani, Advocate holding for Advocate D.P. Lalwani, for the respondent Nos. 1 and 2 states that he is unable to argue the matter since all the case papers have been taken from Mr. D.P. Lalwani and as such he has no instructions to make any submissions.

(2.) By this petition, the petitioners challenge the order dated 21.11.2000 passed by Additional Collector, Nagpur in R.C. Appeal No. 77/A-71 (l)/99-2000 by which the appeal filed by the petitioners under Clause 21 of C.P. Berar Letting of Houses and Rent Control Order, 1949 ("the order" for short) and the order dated 11.12.1998 passed by the Rent Controller, Nagpur in Rev. Case No. 194/A-71(l)/91-92by which fair rent in respect of the suit premises was fixed @ Rs. 3./- per sq. ft.

(3.) The petitioners are tenants of the respondents 1 to 4. The suit premises were let out to the petitioners in the year 1971 at the monthly rent of Rs. 175/- per month. Respondents 1 to 4 filed application dated 29.6.1998 seeking fixation of fair rent in respect of the suit premises at Rs. seven to eight per sq.ft. excluding corporation taxes. The petitioners were served with notice but they did not put in their appearances in the case. By order dated 11.12.1998 the Rent Controller fixed the fair rent @ Rs. 3/- per sq. ft. excluding corporation taxes. Against the said order, the petitioners filed appeal to the Additional Collector, which was also dismissed by the impugned order dated 21.11.2000. Aggrieved by both the orders, the petitioners/tenants have invoked writ jurisdiction of this Court.