JUDGMENT - Dr. CHANDRACHUD D.Y., J.:---The applicant's father Laxminarayan owned a residential house bearing Municipal House No. 208 in Ward No. 25 at Wardha. The ground floor of the house consisting of four rooms was let out to the tenant in February 1972. The tenant started conducting the business of a grocery shop in the premises. Several agreements of lease were executed between the parties and by the last of those agreements executed on 10-6-1980, the rent was fixed at Rs. 375/- per month. The last of the lease agreements expired on 31-1-1983.

2. Since the respondents failed to vacate and hand over the possession of the rented premises upon the expiry of the lease, the applicant moved the Rent Controller for the grant of his prior written permission under Clause 13 of the C.P. and Berar Rent Control Order, 1949. The Rent Controller granted the permission as prayed for under sub-clauses (ii), (v) and (vi) of Clause 13(3) of the Rent Control Order. The aforesaid sub-clauses deal with a situation where the tenant is habitually in arrears of rent; where the tenant has secured alternative accommodation, or has left the area for a continuous period of four months and does not reason

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