Case Note & Summary
The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, sought permission to terminate the tenancy of the tenant, Vinayak Deorao Bhore, on two grounds: arrears of rent under clause 13(3)(i) and habitual default under clause 13(3)(ii). The premises consisted of two rooms with kitchen, varandah, bathroom, and latrine, rented at Rs. 150 per month. The landlord purchased the property from Smt. Kiran on 24/1/1991 and informed the tenant to pay rent from February 1991 onwards. The tenant failed to pay rent, leading to two separate proceedings: Rent Control Case No. 8/91-92 for arrears from February 1991 to October 1991 (Rs. 1350), and Case No. 2/92-93 for arrears from November 1991 to August 1992. The Rent Controller at Akot, by common order dated 31/3/1994, granted permission under clause 13(3)(i) (arrears of rent) but rejected permission under clause 13(3)(ii) (habitual default) in both cases. Both parties appealed to the Additional Collector, Akol, who dismissed all four appeals on 29/1/1996. The landlord filed Writ Petition 1736/1996 challenging the rejection of the habitual defaulter ground, while the tenant filed Writ Petition 1933/1996 challenging the grant of permission on arrears. The High Court held that the tenant's challenge to the permission under clause 13(3)(i) failed because the landlord had proved arrears. Regarding the habitual defaulter ground, the court noted that the landlord had not specifically pleaded or proved that the tenant habitually defaulted; mere arrears for two periods were insufficient. The court dismissed the tenant's writ petition and partly allowed the landlord's writ petition, upholding the rejection of permission under clause 13(3)(ii).
Headnote
A) Rent Control - Arrears of Rent - Clause 13(3)(i) C.P. & Berar Rent Control Order, 1949 - Permission to terminate tenancy on ground of arrears of rent - Landlord proved that tenant failed to pay rent for several months - Rent Controller and Appellate Authority correctly granted permission under clause 13(3)(i) - Held that tenant's challenge to such permission fails (Paras 1-3). B) Rent Control - Habitual Defaulter - Clause 13(3)(ii) C.P. & Berar Rent Control Order, 1949 - Permission to terminate tenancy on ground of habitual default - Landlord must specifically plead and prove that tenant has habitually defaulted in payment of rent - Mere arrears for two periods not sufficient to establish habitual default - Held that Rent Controller and Appellate Authority correctly rejected permission under clause 13(3)(ii) (Paras 1-3).
Issue of Consideration
Whether the tenant is a habitual defaulter under clause 13(3)(ii) of the C.P. & Berar Rent Control Order, 1949, and whether the landlord is entitled to permission to terminate tenancy on that ground.
Final Decision
Writ Petition No. 1933 of 1996 (tenant's petition) is dismissed. Writ Petition No. 1736 of 1996 (landlord's petition) is partly allowed; the rejection of permission under clause 13(3)(ii) is upheld. No order as to costs.
Law Points
- Arrears of rent
- habitual defaulter
- clause 13(3)(i) and (ii) of C.P. & Berar Rent Control Order
- 1949
- burden of proof on landlord
- requirement of specific pleading and proof of habitual default
