Kotval, J.

1. These applications give rise to a common Question whether the Rent Controller under the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, has the power under Clause 13 to dismiss for default an application of landlord for obtaining permission to eject a tenant and whether he has the power to restore that application to file.

2. The landlord in both these applications is the petitioner Haji Zakeria Suleman of Yeotmal. The tenant in S. C. A. 383 of 1960 is Fatmabi wife of Hasan Ali and in S. C. A. 384 of 1960 Abdul Hussain son of Haji Abdul Ali. The litigation between the parties has been going on since 11-10-1956 when the landlord originally presented his applications for permission to eject the tenant in both the cases. With the chequered history of this litigation we are not concerned. The matter had previously come before this Court in Special Civil Application No. 127 of 1959. The Landlords applications had been dismissed without consideration of the merits and a Division Bench of this Court ordered that the applications for restoration filed by the landlord in each case shall go back to the Rent Controller, Yeotmal, to be disposed o