JUDGMENT - G.D. PATEL, J.:---The Letters Patent Appeal is directed against the judgment delivered by the learned single Judge of this Court on 26th April, 1988 in Writ Petition No. 1305 of 1986. By that petition the respondent-tenants had challenged the order passed by the Resident Deputy Collector, Amravati, rejecting their application for restoration of possession under Clause 13(4) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (here inafter referred to as "the Rent Control Order"). The circumstances leading to the filing of the said application arose as narrated below :

2. The original owner of the property in dispute was one Laxminarayan Vyankatesh Mudliyar. The appellant Nos. 1 to 4 are the legal heirs of Laxminarayan, the erstwhile owner of the said property. The respondent Nos. 1 to 3 are the partners of Rasik Stores, a partnership firm, who was a tenant occupying the three storied building on a monthly rent as fixed between them and the landlord.

3. In the year 1957, Laxminarayan applied for grant of permission under Clause 13(3)(ii) and (vi) of the Rent Control Order. The case was registered as Revenue Case No. 384/72(2) of 1957-58. The application was

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