Z.A. Haq, J.

1. Heard Shri P.Y. Deshpande, the learned advocate for the petitioner and Shri J.J. Chandurkar, the learned advocate for the respondent No. 1. None appears for the other respondents though served. The petition is by the tenant challenging the judgment passed by the District Court granting decree for possession and ancillary reliefs in favour of the respondents.

2. Though it is debatable as to whether the impugned judgment and decree can be challenged in revision or in writ petition, as the writ petition is admitted and is pending for final hearing since 2005, I have taken up the petition for final hearing without delving into the issue.

3. Shri Ramratan Shrivallabh Chandak the owner of the suit property had filed proceedings under clause 13(3)(vii) of the C.P. and Berar Letting of Premises and Rent Control Order, 1949 (for short "Rent Control order 1949") seeking permission of the Rent Controller to issue notice terminating the tenancy of the petitioner-tenant. The Rent Controller granted permission to Shri Ramratan to terminate the tenancy of the petitioner-tenant under clause 13(3)(vii) of the Rent Control Order, 1949. The permission granted by the Rent Controll