JUDGMENT - GINWALA A.A., J.: - The question which arises for decision in this Revision Application is whether a finding recorded by Rent Controller in proceedings under C. P. Berar Letting of Houses and Rent Control Order, 1949(herein-after referred to as the Order) to the effect that the tenant is not in arrears of rent operates as res judicata in a civil suit subsequently filed by the landlord against the tenant for recovering rent for the same period. This question arises in the following circumstances.

2. The non-applicant owns a room which is the subject matter of this litigation. He had let it out to the applicant at the monthly rental of Rs. 10. In 1970 the non-applicant made an application to the Rent Controller under the provisions of clause 13(3), (i) and(ii) of the Order for permission to serve a notice on the applicant determining his lease on the ground that the applicant was in arrears of rent for an aggregate period of three months and that he was habitually in arrears of rent. It appears in this application non-applicant alleged that the applicant had paid the rent till end of August 1967 and in September 1967 non-applicant took a loan of Rs. 100 from the applicant

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