D. D. SINHA, J.:- Admit. Heard finally by consent of Shri. Bhangde, learned Senior Counsel for the appellant, Shri Purohit, learned Counsel for the respondent nos. 1 to 4, and Shri Fulzele, learned Assistant Government Pleader for the respondent no.5.

2. The letters patent appeal is preferred by the landlord against the judgment dated 1.2.2006 passed by the learned Single Judge whereby writ petition filed by the respondent nos.1 to 4 (tenants) was allowed and order dated 30.4.2001 passed by the Additional Collector, Nagpur as well as order dated 30.10.1998 passed by the Rent Controller, Nagpur were quashed and set aside and the matter was remitted to the Rent Controller for reconsideration for grant of permission to landlord to issue quit notice except under Clause 13(3)(v) of the C.P. and Berar Letting of Premises and Rent Control Order, 1949 with a direction to decide the same within a period of nine months from the date of communication of the order of the learned Single Judge.

3. Shri. Purohit, learned Counsel for the respondent nos.1 to 4, raised a preliminary objection about maintainability of the letters patent appeal. It was contended that though the petition was filed under

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