1. This is a petition under Article 226 of the Constitution by a tenant against an order passed in a proceeding under the C. P. and Berar House Rent Control Order permitting the landlord to terminate his tenancy. During the course of the proceeding before the Rent Controller the parlies came to an agreement that the landlord will withdraw the application if the rental arrears amounting to Rs. 65/- were paid by the tenant in the Court by 5-8-1955. The order-sheet of the case which embodies the agreement reads as follows :

"I grant time to N. A. to deposit the amount of Rs. 65/- by 5-8-55 in Court. Failing which permission will be granted. If amount is paid the applicant says he will withdraw other grounds. Case for 5-8-1955."

Sd/- Rajendraprasad

13-7-1955.     

On 5-8-1955, the case was taken up by the Rent Controller at 12 noon. The order-sheet of that date runs thus :

"Applicant by agent Sakharam. N. A. absent. He had admitted Rs. 62/- including taxes are due and was given time to deposit by today. No amount has so far been paid to applicant nor has it been deposited. It is established that N. A. is habitual defaulter. I therefore grant applicant permission to terminate the