PAUNIKAR, J.:- This appeal is filed by the appellant-landlord challenging the judgment dated 1-4-1962 passed by the Hon'ble Single Judge of this Court in Special Civil Application No. 548 of 1978.

2. The landlord filed application on 4-10-1975 against the tenant respondent for permission to terminate the tenancy of the tenant under Cl.13(3)(i), (ii) and (vi) of Rent Control Order, 1949 before the, Rent Controller, Wani. His case under Cl.13(3)(i) was that the tenant had agreed to pay rent of every three months in advance at the rate of Rs.32/- p.m. On the date of the application, the tenant was in arrears of rent of Rs. 192/-. Under Cl.13(3)(ii) he has filed a schedule, of payment of rent to show that rent was never paid as per agreement and submitted that the tenant was a habitual defaulter in payment of rent. Under Cl.13(3)(vi) he contended that he was 56 years old and was due to retire shortly. He has no other house to reside except the suit house in the city of Wani and hence he wants the premises in occupation of the tenant for his bona fide occupation.

3. The tenant vide his written statement denied that every three months rent was payable in advance. He submitted that