JUDGMENT

Phukan, J.-The landlord filed an application under Items (i) and (ii) of sub-clause (3) of Clause 13 of The Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 (for short the Order ) before the Controller which was allowed and the controller granted permission to the landlord to serve the notice of eviction on the tenant. The appeal was dismissed by the Resident Deputy Collector, Amravati and the writ petition filed by the tenant was also dismissed in limine.

2. The landlord pleaded before the controller that the tenant was a monthly tenant since 1961 and rent was to be paid on the first day of every month according to English calendar. It is also pleaded that the tenant was a habitual defaulter in payment of rent. The appellant-tenant pleaded before the Controller that rent was to be paid as per his convenience and he was neither a habitual defaulter nor defaulted in payment of rent. Both the authorities below on facts held that it was a monthly tenancy and also came to the finding that the tenant was a habitual defaulter and defaulted in payment of rent. The present appeal is by the legal representatives of the original tenant.

3. It has been urged b