Oral Judgment:

By this petition, the petitioners impugn the order passed by the Additional Collector, Nagpur, on 8.12.2000 reversing the order passed by the Rent Controller on 28.8.1997 granting permission to the petitioners landlords to terminate the tenancy of the respondent tenant under clause 13(3)(ii) & (vi) of the C.P. & Berar Letting of Houses and Rent Control Order [hereinafter referred to as Rent Control Order]. Few facts giving rise to the petition are stated thus.

2. The petitioners are the sons of the original applicant – Ramchandra Tarar who had filed an application under clause 13(3)(ii) & (vi) of the Rent Control Order 1949 before the Rent Controller, Nagpur seeking permission to terminate the tenancy of the respondent. It was stated by Ramchandra the father of the petitioners in the application that the respondent was a habitual defaulter and was not paying the monthly rent regularly. Schedule showing the default was also annexed to the application. It was pleaded by the original landlord that the tenanted premises admeasuring approximately 575 sq.ft. was required by his doctor son for an orthopedic hospital. At the time of filing of the application, the s