ORDER:- This is tenant's petition challenging the appellate order in rent control proceedings commenced on an application under Clause 13 (3) of the C. C. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as 'the Rent Control Order'), maintaining the order of the Rent Controller granting permission to respondent No. 1 landlady under Clause 13 (3) (iii) of the Rent Control order to terminate petitioner's tenancy on the ground of subletting.

2. Respondent No. 1 landlady filed an application under Clause 13 (3) (ii) and (iii) of the Rent Control Order for permission to terminate petitioner's tenancy on the grounds that the petitioner was a habitual defaulter in payment of rent and that he unauthorisedly created sub-tenancy in favour of one Pandurang Gulabrao Deshmukh, since deceased, whose legal representatives are present respondents Nos. 2 to 5. The Rent Controller held that the petitioner was a habitual defaulter and that he inducted a sub-tenant without written permission of the landlady, and consequently granted permission on both the counts. In an appeal preferred by the petitioner, the Resident Deputy Collector with appellate powers set aside the

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