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2015 Supreme(Bom) 10

A.S.CHANDURKAR
Purushottam Ramlal Shukla – Appellant
Versus
Gayatridevi – Respondent


Advocates Appeared:
For the Petitioner: J. T. Gilda, Counsel.
For the Respondents: C.S. Kaptan Senior Counsel with R.V. Shah Counsel.

JUDGMENT

1. This Writ Petition filed under Article 226 read with Article 227 of the Constitution of India by the landlord, challenges the order dated 24.11.2006 passed by the Additional Collector, Nagpur whereby the appeal preferred by the respondents-tenants under Clause 21 of the C. P. and Berar Letting of Premises and Rent Control Order, 1949 (for short the Rent Control Order) has been allowed. As a result of said order, the proceedings initiated by the landlord have been remanded to the Rent Controller for fresh inquiry with regard to grant of permission under Clause 13(3)(i), (ii) and (v) of the Rent Control Order. The landlord has been held ineligible for grant of permission under Clause 13(3)(vi) of the Rent Control Order.

2. The present litigation is long drawn and reference is being made to the relevant facts which are required to be considered while adjudicating the Writ Petition. The petitioner is the owner of premises that are situated at Dharampeth, Nagpur being Municipal Corporation House No. 194. The respondents are the tenants who have been let out two rooms admeasuring 22 ft. X 33 ft. for business purposes. There is also a frontage of 22 ft. On 18.01.1991 the petiti









































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