Judgment

DESAI, J.:- Appellant Shri Mansaram son of Shri Chanduram Sharma was serving in the telephone office at Nagpur and was thus holding an office of profit under the Union of India. He took on lease premises on a monthly rent of Rs. 75/- per month, more particularly described in the application made to the House Allotment Officer, Nagpur by first respondent Shri S. P. Pathak, from the then owner of the premises one Shri Basantrai Sharma. He continued to be in possession even after his retirement from service in 1967. Shri Basantrai Sharma died and there is a dispute between respondents 3 and 4 and Shri Prabhakar about succession to the estate of the deceased Shri Basantrai Sharma. Respondents 3 and 4 claimed to be the legatees under a will of deceased Shri Basantrai Sharma. Respondent. No. 1 Shri S. P. Pathak made an application to House Allotment Officer, Nagpur registered as Miscellaneous Case No. 51/A-71(2)/76-77 against the present appellant Mansaram alleging that the appellant had occupied the premises involved in the dispute in contravention of sub-cl. (2) of Clause 22 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 (Rent Control Order fo