SURESH S O RAMCHAND GAJBHIYE Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) HEARS Shri Borkar, learned Counsel for the petitioner, Shri A. Shelat, learned Counsel for the respondent No. 1 and Shri Deopujari, A. G. P. , for the respondents 2 and 3.

(2.) THE learned Counsel for the petitioners submitted that the petitioners are restricting the challenge in the instant petition only to the notification dated 26th July 1949 issued by the Government in exercise of the powers conferred by Clause 30 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 by which the Provincial Government was pleased to exempt from all the provisions of the order :---

(3.) SHRI Borkar, learned Counsel for the petitioner, contended that the erstwhile Provincial Government, in exercise of the powers conferred by section 2 of the Central Provinces and Berar Letting of Accommodation Act, 1946 made the order entitled as "central Provinces and Berar Letting of Houses and Rent Control Order, 1949 providing certain protections to the tenants which is intended to benefit the tenants at large and safeguard their interest by making provisions debarring the landlords from making the demand for any premium as a condition precedent to letting the house, further by making the provisions for fixation of fair rent and also permission to terminate the tenancy. It is contended that the erstwhile Provincial Government provided protection to the tenants in occupation of the houses for residential or business purposes situated within the Municipal limits. It is submitted that the above referred notification exempts the houses belonging to the Municipality and therefore, the tenants in occupation of such houses have been deprived of the protection of the said order as the said order does not apply to the houses belonging to Municipality.