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2000 Supreme(SC) 1601

G.B.PATTANAIK, SHIVARAJ V.PATIL
Shama Prashant Raje – Appellant
Versus
Ganpatrao – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. This appeal is by the tenant assailing the order of the learned Single Judge of the Bombay High Court, at Nagpur Bench, as well as the judgment of the Division Bench affirming the same. The Single Judge of the High Court in a Petition under Articles 226 and 227 of the Constitution interfered with the judgment of the Appellate Authority under the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949. The question for consideration is whether in the facts and circumstances of the present case the High Court was justified in interfering with the findings of the Appellate Court under the Control order? The respondent-landlord filed an application before the Rent Controller under Section 13(3)(ii), (iii) and (vi) of the Rent Control Order seeking permission to determine the tenancy of the appellant, inter alia on the ground that the tenant is a habitual defaulter and has sub-let the premises and further, the landlord needs the premises for bona fide use. The Controller, on the basis of the pleadings of the parties formulated five issues and came to the conclusion that the tenant is a habitual defaulter; the tenant has sub-let t






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