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2004 Supreme(Bom) 1322

B.P.DHARMADHIKARI
LAXMINARAYAN, MOTILAL GUPTA – Appellant
Versus
BHAGWANDAS, BHAGONELAL SAHU – Respondent


Judgment

( 1 ) BY this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner - tenant challenges the order of Resident Deputy Collector dated 21-10-1988 passed in Appeal under provisions of C. P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as "rent Control Order" for short), granting permission to terminate the tenancy on the ground of sub-tenancy and the subsequent order dated 30-6-1990 passed in Review proceedings by the Resident Deputy Collector, Amravati.

( 2 ) THE facts in brief are that the present respondent No. 1 - Bhagwandas owns one house No. 184 in Ward No. 52 of Amravati. Sometimes in the year 1984, he filed Revenue Case No. 108/71 (2)/84-85 and contended that the present respondent No. 2 - Chhotelal is his monthly tenant of one room in the said house. He stated that the rent is Rs. 60 per month and that Chhotelal has sub-let the said room to the present petitioner, who was non-applicant No. 2 before the Rent controller. He has further stated that the room was let out to Chhotelal for the purposes of godown and Chhotelal in turn has sub-let it for the purposes of residence. Therefore, he moved applica














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