JUDGMENT - R.M. LODHA, J. :--By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the Order dated 31-3-1989 passed by the Resident Deputy Collector, Buldana, where by he set aside the order passed by the Rent Controller on 30-3-1988.

2. Brief facts of the case are that the present petitioner Bhairulal Balmukund Verma (for short the landlord) made an application under Clause 13(3)(ii), (iii) and (vi) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (for short the Rent Control Order) against respondent No. 1 Poonamchand (for short the tenant) and Mangilal Kisanlal Khatti (for short the alleged sub-tenant). It was inter-alia averred in the application by the landlord that he was the owner of the property situated on Plot No. 6, Sheet No. 19, Station Road, Malkapur, and he had let out two shops in the said property, the details of which have been given in the application, to the tenant on monthly rent of Rs. 81/- with effect from 24-1-1973. According to the landlord, the tenant was a habitual defaulter and he has sub-let some portion of the premises to the alleged sub-tenant on the monthly rent of Rs. 75/

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