JUDGMENT - V.A. MOHTA, J.:---Abdeali Turabali owns a small double storeyed non-residential house situated on Bhandara Road, Itwari, Nagpur. Haji Chhotemiya (since deceased) was a tenant. The owner filed application for permission to terminate tenancy under Clause 13(3)(v) and (vi) of the C.P. Berar Letting of Houses and Rent Control Order, 1949 (''the HRC Order''). The Controller allowed the application on both the grounds. In appeal filed by legal heirs of Chhotemiya (who died after his evidence was recorded), the Collector maintained the order granting permission under Clause 13(3)(v) but set aside the order under Clause 13(vi). The legal representative of Chhotemiya filed a writ petition in the High Court questioning the validity of permission granted under Clause 13(3)(v) by the Controller as well as the Collector. The learned Single Judge quashed the permission. Aggrieved by the order of dismissal of his application under both the grounds, the present letters patent appeal has been filed by the owner.

2. From the material on record, the following undisputed positions emerge : Abdeali since last several years is in private service in a stationary cum general shop by name ''Sa

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