JUDGMENT-Plaintiffs Hari Prasad and Satyanarayan are the owners of the suit premises admeasuring 80' x 60' on Imambada road, Nagpur and the non-applicant-tenant is occupying the same on a monthly rent of Rs. 90/-. The plaintiffs-landlords filed an application against the non-applicant-tena'nt for permission to terminate his tenancy on the grounds of arrears of rent and habitual defaults under the provisions of the C. P. & Berar Letting of Houses and Rent Control Order, 1949, referred to hereinafter as the Rent Control Order. Such a permission was granted by the Rent Controller on both the counts on 27-10-1966. Thereafter the plaintiffs served a notice upon the non-applicant-tenant on 5-12-1966 terminating his tenancy with effect from the end of December 1966. Before the expiry of the said notice, the tenant, vide his reply dated 19-12-1966, informed that landlords that the quit notice given by them was bad in law and they were not entitled to terminate his tenancy since he had filed appeals against the orders of the Rent Controller and the said permission granted by the Rent Controller is not final, but is subject to the decision of appeals. In view of this contention raised on beh

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