(1) LEAVE granted.

(2) THE appellant-tenant committed default in the payment of rent from March 1979 to March 1980 at the rate of Rs. 80.00 per mensern. The respondent- andlord filed an application under clause 13(307 of the C.P. & Berar Letting of Houses and Rent Control Order, 1949, for short the Order. The Rent controller found that the respondent being the neighbour has been receiving the ent without any objection and therefore the appellant is not a habitual defaulter. The appellate authority reversed the finding and granted permission for serving notice to eject the appellant. In a writ petition filed under Article 226, the High court affirmed that finding. On further LPA, the division bench in the mpugned order dated 14/10/1986 affirmed the order directing permission determine the tenancy. Thus this appeal by special leave.

(3) IN S.P. Deshmukh v. Shah Nihal Chand Waghajibai Gujarat his court held that:

"NORMALLY, a monthly tenant is under an obligation to pay the rent from month to month but this obligation is subject to a contract to the contrary. Such a contract need not be reflected in a formal document and can be spelt out from the conduct of t