JUDGMENT - Tulpule, J.-These two revision applications raise a common question of law and which question is increasingly being raised in a large number of suits and proceedings between landlords and tenants in Courts in this region, governed by the provisions of C. P. and Berar Letting of Houses and Rent Control Order, 1949.

2. The provisions of the C. P. and Berar Letting of Houses and Rent Control Order do not apply to certain classes of premises, residential as well as business, constructed after a particular year unlike the provisions of the other rent restriction Acts. Suits, therefore, in this region are filed depending upon whether the Rent Control Order is applicable or otherwise, after -obtaining permission from the Rent Controller or straightway in the Small Cause Court so far as Nagpur is concerned and in other Courts having jurisdiction.

3. The opponents in both these petitions are Haribhau and others, the owners of the premises called “Prakash Bhavan”, Ward No. 41, New Ramdaspeth, Nagpur. The petitioners are tenants in these premises occupying separately portions thereof. Civil Suit No. 1130 of 1977 was filed by Haribhau and others against their tenant Chandrakant, who w

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