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1995 Supreme(Bom) 31

R.M.LODHA
Kausalyabai Wd/o Natthu Paraskar and others – Appellant
Versus
Ramchandra s/o Satbaji Patekar – Respondent


JUDGMENT - R.M. LODHA, J. :---By this petition filed under Articles 226 and 227 of the Constitution of India the original petitioner Nathu (since deceased and now represented by the legal representatives) has challenged the legality and correctness of the order dated 21-6-1989 (Annexure H) passed by the Rent Controller, Nagpur suo motu revoking previous orders dated 5-11-1988 and 2-5-1989.

2. The learned Counsel for the petitioners contention is that the Rent Controller has no jurisdiction under the C.P. Berar Letting of Houses and Rent Control Order 1949 (hereinafter referred to as the Rent Control Order, 1949), to review his order suo motu or otherwise passed under the Rent Control Order, 1949.

3. The facts in brief leading to the present litigation are that the original petitioner Nathu Paraskar filed an application before the Rent Controller, Nagpur seeking permission to issue quit notice to the non-applicant Shri Ramchandra under Clause 13(3)(vi) of the Rent Control Order, 1949. It was averred by the applicant (hereinafter referred to as the landlord) that he was owner and landlord of the house bearing Corporation House No. 1242/18/042, Plot No. 18 of Rajabaksha lay-out, ward







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