SITARAM BALAJI PAUNIKAR Vs. GYARSILAL RAMAJILAL AGRAWAL

JUDGEMENT

(1.) The respondent Gyarsilal, as a legatee of the deceased landlady Smt. Champabai, filed two applications dated 2-7-1979 and 5-5-1983 under Clauses 13(3)(i), (ii), (iii) and (v) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as "the Rent Control Order") seeking permission to terminate the tenancy of the petitioners. The applications were registered as Revenue Case No. 729/A-71(2)/78-79 and 331/A-71(2)/82-83. The Rent Controller, Nagpur by common order passed on 22-9-1986 granted permission to the respondent to terminate the tenancy of the petitioners under Clauses 13(3)(ii), (iii) and (v) of the Rent Control Order. The claim of the respondent under Clause 13(3)(i) was, however, disallowed.

(2.) Feeling aggrieved by the decision of the Rent Controller, Nagpur the petitioners preferred two appeals which came to be registered as Appeals Nos. 34/A-71(2) of 86-87 and 35/A-71(2) of 86-87 before the Additional District Magistrate, Nagpur. After hearing the parties, the Appellate Authority confirmed the orders passed by the Rent Controller, Nagpur and dismissed both the appeals by its common order dated 23-7-1987.

(3.) Thereupon, the petitioner filed a Writ Petition bearing No. 1094/88 before this Court raising only one challenge, namely, the provisions of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 were ultra vires of Article 14 of the Constitution of India and, therefore, prayed for quashing of the aforesaid orders passed by the Rent Control Authorities. The challenge was based on singular contention that as different laws relating to Rent Control operated in the State of Maharashtra, they were discriminatory and hence, the provisions of Rent Control Order could not be employed against the petitioners. This Court after hearing the parties, summarily dismissed the petition by order dated 17-8-1988. The order passed is reproduced below: