S.P.KOTVAL, B.N.DESHMUKH, D.B.PADHYE
Eknath Bhanudas Utane – Appellant
Versus
Shankarrao Deorao Jumde and Anr – Respondent
Kotval, C.J.
1. This reference raises an important question under the Central Provinces and Berar Letting of Houses and Rent Control Order 1949. The question is whether a landlord in occupation of a house or a portion of a house of his own in the city or town concerned has any right at all to apply for permission to evict his tenant under Clause 13(3) (vi) of the said Order, on the ground that the landlord needs the house or a portion thereof for the purpose of his bona fide occupation.
2. Eknath the petitioner, was a tenant of house No. 130 in ward No. 29 of Amravati town, of which Shankar, the landlord, was the owner. The house is a two-storeyed building. On the first floor there is only a big hall which at the material time was in possession of the tenant at Rs. 30/- per month. On the ground floor, there are six rooms of which four were let out by the respondent No. 1 the landlord to the petitioner. The remaining two rooms were in possession of the landlord. The landlord applied for permission to serve a notice of ejectment on the tenant under Items (i), (ii) (vi) of Clause 13(3) of the Rent Control Order. These items refer to the different grounds for ejectment of a te
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