RAMCHANDRA BALKRISAN WAGH Vs. RAJSHREE

JUDGEMENT

(1.) This petition by tenant is directed against orders passed by the Rent Controller and Additional Collector, holding that the landlady was entitled to issue quit notice to the applicant under Clause 13(3)(vi) of the C.P. & Berar Rent Control Order.

(2.) The facts, which are material for deciding this petition, are as under : Respondent Rajashree is owner of the premises comprising of a shop block situated at Sitabuldi, Nagpur, occupied by the petitioner on monthly rent of Rs. 60/. The respondent sought possession of the said block on the ground that one of her sons was in fourth year of LL.B. and wanted to start his office after completion of his studies. She had also sought possession on the ground that her daughter Sushma was doing Post Graduation at Medical College at Nagpur and intended to start her clinic in the shop block in the same building which had been vacated by another tenant. This application was filed on 7th July, 1987. During pendency of the application landlady's son, who was reading for LL.B. Degree, completed his studies and was selected in IAS and was posted as Additional District Magistrate at Agra. In the meantime her daughter Sushma also got married to a doctor at Hyderabad. Her another son passed Master of Dental Surgery (MDS) examination. According to the landlady her son, soninlaw and daughter wanted to start a clinic and a nursing home at the building where the suit block was situated and therefore, wanted possession of the said block. It was stated that need of landlady's soninlaw and daughter was quite pressing and genuine.

(3.) This application before the Rent Controller was contested by the present petitioner who stated that the entire house in which the petitioner had his shop was vacant for the previous 23 years, having about four rooms each on the ground floor and the first floor. Two rooms on the second floor were also vacant. It was further stated that the landlady's family had a house on the same Mahatma Gandhi Road i.e. Main Road, Sitabuldi at Nagpur having wine shop on the ground floor, licence whereof was in the name of landlady's husband. It was also pointed out that the landlady's motherinlaw owned a house in New Colony, which was in business locality and business of lodging house was run therein. Therefore, he contested the claim that the landlady bonafide or reasonably require the premises for the needs pleaded by her.