JUDGMENT - V.A. MOTHA, J.:---Can the co-owners be simultaneously “landlord” and “tenant” under the C.P. and Berar Letting of Houses and Rent Control Order, 1949 ("The H.R.C. Order")? Can appellate authority pass order of remand? These are some of the issues raised in this petition.

2. The petitioners and respondent are co-owners of a shop bearing No. 55 in the Wholesale Cloth Market, Gandhibagh, Nagpur. Each of them has undivided 1/2 share. The petitioners took 1/2 undivided share on monthly rent and are in occupation of the whole shop. The respondent filed an application under Clause 13(3)(ii) and (vi) of the H.R.C. Order for permission to terminate the tenancy. This application was resisted, inter alia, on the ground that it was not maintainable as there could be no relationship of landlord-tenant in respect of unspecified share between Co-Owners. The Controller upheld this objection and summarily dismissed the application on that short ground. Being aggrieved by the said Order (Annexure A), an appeal was carried to the Deputy Collector under Clause 21. The Deputy Collector did not agree with the view taken by the Controller, set aside the said preliminary order and remanded the c

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