BIRDHICHAND SOBHARAM PAWAR Vs. MANAKLAL PYARELAL HALWAI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution for a writ of certiorari, or any other appropriate writ, is directed against an order of the Rent Controller, Chhindwara (respondent No. 2) dated 28-5-1958 and another affirming order of the Deputy Collector with appellate powers (respondent No. 3) dated 1.4-111958 granting, under Clause 13(3)(ii) and (v) of the C. P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as the Rent Control Order), permission to the landlord (respondent No. 1) to serve a notice on his tenant (petitioner) to determine his tenancy,

(2.) The petitioner has been long occupying as a tenant a house in Golgunj, Chhindwara, more particularly described in paragraph 1 of Annexure A. The respondent No. 1 purchased the house from the previous owner, Mukitn Khan, on 26-8-1956. In December 1958, he made an application (Annexure A) for permission, under Clause 13 of the Rent Control. Order, to serve a notice to determine the tenancy on the following amongst other grounds:

(3.) In answer to the application, the petitioner filed his written statement (Annexure B) to say that -