JUDGMENT - 1. The present petition has been filed admittedly by the landlord of the premises, which are given to United transport Motor Company (respondent No. 1) on a monthly rent of Rs. 81/-. It is no more in dispute that the tenancy between parties is month to month and is according to English Calendar.

2. The present petitioner-landlord applied under clause 13 (3) (iii) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, hereafter called the Rent Control Order, for permission to give quit notice to the respondent-company on the ground that it has sublet a portion of the premises to other two respondents. Now this permission has been refused by the authorities under the Rent Control Order on the ground that this sub-letting is prior to the coming into force of the said Order.

3. In this court it is not disputed on behalf of the respondent-tenant-company that there is a sub-letting and in the return the following averments appear:

".........It is denied that the respondent No. 1 has sublet the portions without the permission of the petitioner. The sub-tenants are in existence long before the House Rent Control Order came into operation, and the sub-tenancy was crea

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