JUDGMENT

Lokeshwar Singh Panta, J. —

1. Leave granted.

2. This appeal arises out of the judgment and order dated 01.12.2005 passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur. By the impugned order, the Division Bench has set aside the judgment and order dated 14.02.1995 of the learned Single Judge in Writ Petition No. 400/1990 and restored the order dated 06.11.1989 of the Appellate Authority whereby the order dated 07.03.1988 recorded by the Rent Controller, Nagpur granting permission to the landlord under Clause 13(3) (iv) and (vi) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, has been quashed and set aside.

3. Briefly stated, the facts of the case are as follows:

Maganlal Kishanlal Godha, appellant herein, is the owner of three storey house bearing Corporation No. 57/0-4 in Ward No. 28 in Bapurao Gali, Itwari, Nagpur. One portion on the ground floor of the said house, except one room, is occupied by Nanasaheb the respondent-tenant herein on rent of Rs. 140/- per month.

4. The appellant-landlord on 30.09.1982, filed an application before the Rent Controller, Nagpur seeking permission to terminate the