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SUPREME COURT OF INDIA

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PETITIONER:

DR. M. K. SALPEKAR

Vs.

RESPONDENT:

SUNIL KUMAR SHAMSUNDER CHAUDHARI AND OTHERS

DATE OF JUDGMENT10/08/1988

BENCH:

SHARMA, L.M. (J)

BENCH:

SHARMA, L.M. (J)

PATHAK, R.S. (CJ)

CITATION:

1988 AIR 1841 1988 SCR Supl. (2) 339

1988 SCC (4) 21 JT 1988 (3) 356

1988 SCALE (2)666

ACT:

C.P. & Berar Letting of Houses and Rent Control Order,

1949:Clause 13 (3) (v)-Whether confined to only residential

houses.

HEADNOTE:

The respondent-landlords submitted two separate

applications before the Rent Controller for permission to

determine the tenancy of the appellant-tenant from their

portions of the premises on the ground that the tenant had

built a large house in the city and had thus secured

alternative accommodation. The Rent Controller allowed the

prayer. A Single Judge of the High Court dismissed the

appellant’s writ petition and his Letters Patent Appeal was

also dismissed.

Before this Court the appellant’s main contention was

that the provisions of clause l3 (3)(v) of the C.P. & Berar

Letting of Houses and Rent Control Order, 1949 did not