DEVAJI NATTHUJI GURNULE Vs. SUSHILA BALBHIM GAIKWAD

JUDGEMENT

(1.) THIS writ petition is directed against the order, dated 5.8.2000, passed by the Additional Collector, Yavatmal in Rent Control Appeal Nos.27/71/98-99 to 35/71/98-99, Yavatmal, confirming the order, dated 25.5.1999, passed by the Rent Controller, Yavatmal, granting permission to respondent - landlady under Clause 13(3)(vi) and (vii) of the C.P. And Berar Letting of Premises And Rent Control Order, 1949.

(2.) IN support of the writ petition, learned Counsel for the petitioners argued that the rent controller as well as appellate authority erred in granting permission under clause 13(3)(vi) and (vii) of the C.P. And Berar Letting of Premises And Rent Control Order, 1949 as there is no bonafide need inasmuch as respondent is already in employment with Dr. Pramila Tople hospital at Akola and further the house of her father at Yavatmal is at a distance of 100 meters from the present suit property and therefore, she has alternate accommodation at Yavatmal itself. She does not need the suit property bonafidely. It is then argued that permission under clause 13(3)(vii) could not have been granted in the absence of any sufficient evidence that the suit property was in dilapidated condition and in the absence of any sanctioned plan etc. for making reconstruction. She relied on the following decisions.

(3.) IN the result, writ petition is dismissed with costs of Rs.8,000/- (Rupees Eight Thousand Only) equally payable by each petitioner i.e. Rs.1000/- (Rupees One Thousand Only) per petitioner to respondent within a period of two months from today. Rule is discharged.