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1977 Supreme(SC) 253

A.C.GUPTA, P.N.SHINGHAL
Nandlal – Appellant
Versus
Moti Lal – Respondent


Advocates:
A.G.Ratnaparkhi, N.M.GHATATE, S.N.KHERDEKAR

Judgment

SHINGHAL, J. - In this appeal by special leave against the judgment of the Bombay High Court (Nagpur Bench) dated December 16, 1974, the only question which has been raised for our consideration is whethr the provisions of Clause 13 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, hereinafter referred to as the Rent Control Order, were applicable to the plaintiff-respondentss suit for the eviction of the defendatns - appellants from the house and ota situated in Tiroda. That clause forms parts of Chapter II and prohibits the determining of a lease without the previous written permission of the Controller.

2. The Rent Control Order was issued on July 26, 1949. The State Government issued, at the same time, a notification under S.2 of the Central Provinces and Berar Regulation of Letting of Accomodation Act, 1946, hereinafter referred to as the Act, directing inter alia, that Chapter I of the Rent Control Order shall extend to the whole of the Central Provinces and Berar (and the States integrated with the Central Provinces and Berar) and chapters II and IV shall extend to, -

"(a) All the Municipalities in the Central Provinces and Berar and th






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