JUDGMENT :

Heard. Rule. Rule made returnable forthwith.

Heard finally with the consent of the learned counsel for the rival parties.

(2) By this petition, the petitioners i.e. the original tenants have challenged orders passed by the two Courts below, whereby, the petitioners have been evicted from the tenanted premises.

(3) In the present case, the proceedings were initiated by filing an application under the C. P. and Berar Rent Control Order, 1949, whereby permission was sought to issue quit notice to the petitioners. This was a proceeding initiated way back in the year 1978-79 and eventually the Rent Controller passed an order dated 30/10/1998, granting permission to the respondent to terminate the tenancy of the petitioners under clause 13(3)(vi) and (vii) of the Rent Control Order, 1949.

(4) Pursuant to the aforesaid order passed by the Rent Controller, the respondents issued a quit notice to the petitioners on 02/11/1998, which was received by the petitioners, but they claimed that only the first page of the notice was received. Thereafter, on a challenge raised in an appeal filed by the petitioners against the aforesaid order of the Rent Controller, a stay order came to be passe