JUDGMENT-This is one of those matters where it is necessary to exercise the powers of the High Court in order to meet the ends of justice.

2. The matter is with respect to the grant of permission to the landlord to terminate the tenancy under clause 13 of the C. P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as the Rent Control Order). Under that clause the landlord has to prove one of the grounds enumerated therein before the Rent Controller, and on the basis of such proof the Rent Controller grants permission to terminate the tenancy. The present petitioner (hereinafter referred to as the landlord or Nathuji) owns a house at Nagpur. Respondent No.1 Narendra has been occupying the said house as a tenant on the monthly rent of Rs. 35. Nathuji alleged that the tenant Narendra did not pay rent from 1-12-1972 to 30-11-1975 and as such Nathuji was entitled to permission under clause 13 (3) (i) and (ii), namely, for non-payment of rent for three months and habitual default in payment of rent. Nathuji has also alleged that Narendra has sub-let the premises to respondent No.2 Bhawarilal without written permission in contravention of clause 13 (3) (iii

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