JUDGMENT

Rajendra Baju, J.-Leave granted in S.L.P. (C) Nos. 6767-6768 of 1999.

2. Respondent No.1 filed a civil suit against the appellant regarding the plot in Civil Suit No. 268 of 1987 on the ground that the premises is open land and the provisions of C.P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as the Order ) was not applicable to the said premises and that the tenancy of the appellant stood terminated by efflux of time followed by a notice dated 8th March, 1986 with effect from 1st April, 1986. The appellant took the stand that the premises in question is not an open plot but is a house as defined in the Order as the said land is a part and parcel of the residential house and the residential house cannot be used without the said land. Further it was contended that premission to construct a shed had been granted, the open land was no longer an open land as such shed had been constructed with permission. There is a will also situate in this land which is for the use of the occupants of the house in the premises and, therefore, clause 13-A of the Order would dis-entitle the respondent from obtaining the relief of a decree. The Civil Judge,