A. P. DESHPANDE, J.

( 1 ) HEARD the learned counsel for the respective parties.

( 2 ) THE learned Single Judge of this Court, Justice S. K. Shah has made the following reference :- "whether the Rent Controller exercising the powers under the provisions of the Central Provinces and Berar Letting of Premises and Rent Control order, 1949 has power to consider and decide the application for setting aside the exparte order passed by him?"

( 3 ) THESE writ petitions are placed before the Division Bench under the orders of the Hon'ble the Chief Justice, for deciding the reference. Before we proceed to deal with the question that falls for adjudication, it is relevant to note that neither the Central Provinces and Berar Letting of Premises and rent Control Act, 1946 (hereinafter referred to as the Act) nor the Central provinces and Berar Letting of Premises and Rent Control Order, 1949 (hereinafter referred to as the Rent Control Order) make any express provision in regard to the procedure to be followed by the Rent Controller while adjudicating the lis between landlord and tenant. Few relevant provisions of the Act and the Rent Control Order which have a bearing on the issue need t