VITHALDAS AND OTHERS Vs. MANSUKHLAL

JUDGEMENT

(1.) The learned single Judge (Padhye, J.), who heard these Special Civil Application Nos. 577, 578 and 579 all of 1972, referred two questions to the larger Bench which arose for his consideration under the following circumstances :-

(2.) The dispute related to two godowns and one shop which were in occupation of tenant Vithaldas-petitioner No. 1. One godown belonged to Mansukhlal, the other godown belonged to Ramniklal and the shop belonged to Ratilal who were all real brothers. These three brothers initiated three separate rent control proceedings against tenant Vithaldas for eviction on several grounds under clause 13(3) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter called the Rent Control Order). These three Rent Control proceedings were clubbed together by the Rent Controller as they were directed against a common tenant by the 3 landlords, who were brothers.

(3.) The Rent Controller granted permission on all the counts on which permission was sought against Vithaldas, but dismissed the applications holding that the tenancy itself was void.