JETHALAL LAKHAMSI DAWADA Vs. JANKIBAI BHAGWANDIN

JUDGEMENT

(1.) THIS application is made under Articles 226 and 227 of the Constitution of India wherein the petitioner prays that the order made by the Additional. Deputy Commissioner, respondent No. 3 hereto, on January 8, 1958, be set aside. The petitioner also prays that consequent on the setting aside of the aforesaid order of the Additional Deputy Commissioner, he be restored to the possession of the house in question.

(2.) THE facts giving rise to this petition in short are: The petitioner was the tenant of respondents Nos. 1 and 2. They were granted permission on November 15, 1956, to terminate the tenancy of the petitioner under Clause 13(3)(vii) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, hereinafter referred to as the Kent Control Order. The petitioner then vacated the house on February 28, 1957. According to the petitioner, the house was repaired by respondents Nos. 1 and 2 and the repairs were completed in July 1957 and the premises became fit for occupation by the petitioner. The petitioner then approached respondents Nos. 1 and 2 to reinstate him in the said premises, but they did not put him in possession. He then served a notice on the respondents on July 30, 1957, but to no effect. He then made an application to the Rent Controller under Sub -clause (7) of Clause 13 of the Rent Control Order praying therein that he be reinstated in possession of the house. The Rent Controller held that he had no jurisdiction to grant the relief claimed by the petitioner. He, therefore, dismissed the application. The petitioner then made another application to the Additional Deputy Commissioner under Sub -clause (7) of Clause 13 of the Rent Control Order again praying therein that he be reinstated in possession of the house.

(3.) SHRI Bhalerao, learned Counsel for the petitioner, in the first instance, contends that the Additional Deputy Commissioner was in error in holding that he had no jurisdiction to put the petitioner in possession of the house. In our view, this contention is well -founded.