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1988 Supreme(Bom) 88

H.D.PATEL, M.S.DESHPANDE
Kanhaiyalal s/o Babulal Srivastava – Appellant
Versus
Bapurao s/o Ganpatrao Nandanwar – Respondent


JUDGMENT - M.S. DESHPANDE, J.:---This Letters Patent Appeal by the landlord is directed against the judgment of the learned Single Judge in Writ Petition No. 1388 of 1982, by which the learned Single Judge allowed the tenant's petition and reversed the orders passed by the Rent Control authorities granting permission to the landlord to determine the lease of the tenant under Clause 13(3)(vi) of the C.P. Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as 'the Rent Control Order').

2. The appellant filed two application before the Rent Controller the first on 21-2-1974 and Clause 13(3)(i), (ii) (vii) and the other on 18-9-1976 under Clause 13(3)(i), (ii) (vii) of the Rent Control Order. In the first application, arrears of rent for 52 months were claimed, while in the second arrears of rent from March 1974 onwards were claimed. There were some disputes about the actual amount of rent, the landlord alleging that the rent was Rs. 45/- per moth and the tenant saying that it was Rs. 30/- per month; but the Rent Control authorities held the rent to be Rs. 45/- per month. By the common order, which came to be passed on 10-11-1977, the Rent Controller gra













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