JUDGMENT -The petitioner as a landlord filed before the Rent Controller, Akot, an application under clause 13 (3) (ii), (v) and (vi) of the C. P. and Berar Letting of Houses and Rent Control Order, 1949 for permission to give notice to the respondent No. 1 determining his lease, i.e. on the grounds of habitual default, tenant securing an alternative accommodation and the landlord needing the house for his bona fide occupation. The Rent controller allowed the application of the landlord on all the three grounds. In appeal, the order of the Rent Controller was reversed and the application of the landlord was rejected on all grounds. The landlord has, therefore, filed this petition.

2. Along with the application a Schedule was filed by the landlord showing the dates on which amounts were paid. In this Schedule it is no shown as to for which month the particular amount of rent was paid. This is Exhibit-A-1 in the record. The respondent No. I tenant had stated that he has been paying the rent every month and thus he was not habitual defaulter. The schedule also shows that the rents are paid almost every month except on a few occasions. The last amount of Rs. 120 was sent by money order.

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