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1983 Supreme(Bom) 323

A.A.GINWALA, H.W.DHABE
Nathulal Gangabaks Khandelwal and others – Appellant
Versus
Nandubai Bansidhak Khandel Wal and others – Respondent


JUDGMENT - Ginwala J. - On 25-7-1973 respondent No. 1 (hereinafter refer red to as 'the landlady') purchased a house consisting of three storeys and situated in the town of Amravati. The ground floor was being (Used for non-residential purposes and the first and second floors which consist of several rooms, had been let out to some tenants for residential purposes. One room on the first floor and three rooms on the second floor were in the occupation of the petitioners as tenants at a monthly rental of Rs. 25/-. On 13-8-1973 the landlady made an application to the Rent Controller (respondent No. 3) under Clause 13(3) of the C. P. and Berar Letting of Houses end Rent Control Order, 1949 (here-inafter referred to as 'the Rent Control Order') for permission to give •notice to determine the tenancy of the petitioners on the ground that they were habitual defaulters, that she needed the house for the pur poses of her bona fide occupation and that the petitioners were commit ting acts of waste which were likely to impair the value or utility of the house. In short, permission was sought Under clause 13(3)(ii)(vi) and (viii) of the Rent Control Order. The petitioners resisted this applica



















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