JUDGMENT - LODHA R.M., J.:—By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the legality and correctness of the order dated 19-8-1988 passed by the Resident Deputy Collector, Amravati whereby he allowed the appeal and set aside the order of the Rent Controller, Amravati, passed on 29-4-1987.

2. The petitioner (for short, the 'landlord') filed an application under Clauses 13(3)(i), (ii), (vi), (viii) and (ix) of the C.P. and Berar Letting of Premises and Rent Control Order, 1949 (for short, the 'Rent Control Order, 1949') (for short, the 'Rent Control Order, 1949') against the respondent No. 2 herein (for short, the 'tenant'). It was averred by the landlord in the said application that he was owner of House No. 82, Ward No. 52, Cotton Market Road, Amravati and the godown has come to his share in the partition between him, his father and other family members. According to the landlord, the said godown (for short, the 'premises in question') was let out by his father to the tenant for a rent of Rs. 75/- per month and after the partition, he became owner and landlord and the tenant attorned and paid rent to him upto 31-12

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