JUDGMENT

KASLIWAL, J.:—Special leave granted.

Dr. Radhyshyam, the respondent, filed an application under Section 13 of the C. P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as "The Rent Control Order") against the appellants for permission to serve with notice of ejectment. The application was based on several grounds, but the eviction was pressed in the High Court only on the ground of need of the entire house for bona fide occupation and habitual default in the payment of rent. The matter was argued only on the aforesaid two grounds, before us also. The Deputy Collector and Rent Controller, Gondia, decided all the grounds against the landlord and dismissed the application by his order dated 13-9-1985. The Resident Deputy Collector, Bhadara dismissed the appeal by order dated 31-3-1986. Dr. Radhyshyam, the landlord then filed a Writ Petition No. 1356 of 1986 under Articles 226 and 227 of the Constitution of India before the Bombay High Court. Learned single Judge held that the tenants were habitual defaulters, and that the landlord had established his bona fide need. The learned single Judge however took the view that it would be proper to rema