JUDGMENT - 1. The petitioner is the landlord of the premises, being house No. 9/857, located in Pratap chouk Amravati. He purchased the same for valuable consideration on January 27, 1967 from the original landlady one Dhapuabi widow of Deorao. The respondent No. 1 Narayandas was inducted as a tenant prior to the date of purchase and the present petitioner moved an application against him under the provisions of C.P. and Berar Letting of Houses and Rent Control Order, 1949 (hereafter called the Order), Seeking permission to determine the lease of Narayandas under Clauses 13 (3) (I) (ii) and (iii) of the Order. To this application he also added respondent No. 2 Ratabla Agrarwal alleging that he was inducted by the tenant without any written permission from the landlord.

2. It does appear that both these respondents were properly served. Only respondent No. 1 Narayandas chose to file written statement. respondent No. 2 i.e. Ratanlal did not file any statement before the Rent control authority and it is patent from the records of that case that he even did not enter the witness-box. He was neither examined by Narayandas.

3. Now the case which falls for consideration in this petition is

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