JUDGMENT - Waikar J.-This is a reference made by the District and Sessions Judge, Akola under Order XLVI Rule 7 of the Code of Civil Procedure on an appli-cation made to him by the original defendant in the small causes suit for ejectment which was decreed against him.

2. The dispute was in respect of one room admeasuring 13'x 12', which according to the plaintiffs (who are brothers) was let out to the defendant on a monthly rent of Rs. 3. The plaintiffs obtained necessary permission of the House Rent Controller and by a quit notice dated 21–9-1979 determined the tenancy with effect from 31–10–1979 and filed the suit for ejectment, arrears of rent and damages.

3. It appears that the suit or ejectment was filed even before the appeal filed by the defendant (Tenant) to the Resident Deputy Collector, Akola against the order of the Rent Controller was decided.

4. The contention of the defendant in the Small Cause's Suit was that the permission granted by the House Rent Controller had not become final as the appeal against the same before the Resident Deputy Collector was still pending. He, therefore, prayed for stay of the suit till the decision of that appeal. He further stated that the

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