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1987 Supreme(Bom) 151

H.W.DHABE, N.W.SAMBRE
Surekhabai w/o Amrut Asare – Appellant
Versus
Motilal s/o Prabhudayal Sharma – Respondent


JUDGMENT - H.W. DHABE, J.:---This is a Letters Patent Appeal by the landlord against the judgment of the learned Single Judge of this Court setting aside the order of the learned Appellate Deputy Collector, Nagpur who has granted permission to her to give quite notice to the respondent-tenant under clause 13(3)(vii) of the C.P. Berar Letting of Houses and Rent Control Order, 1949 (for short, "Rent Control Order").

2. Briefly the facts are that the appellant/landlord purchased the suit house for a consideration of Rs. 35,000/- by sale-deed dated 15-6-1978. On 14-9-1978 she filed an application under Clause 13(3)(vi) and (vii) of the Rent Control Order seeking permission to give quit notice to the respondent/tenant who was occupying the whole of the suit house. The respondent/tenant resisted the said application by filing his written statement. The parties led evidence before the Rent Controller. The learned Rent Controller after considering the evidence on record dismissed the application filed by the appellant/landlord. The appellant/landlord preferred an appeal before the Appellate Deputy Collector, Nagpur who maintained the order of the Rent Controller under Clause 13(3)(vi) of















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