Case Note & Summary
The case involves two writ petitions filed by the tenant, Shankarrao Mugal (since deceased, through his legal representatives), against the Additional Collector and the landlord-respondents. The landlord had filed two separate proceedings seeking permission to terminate the tenancy on grounds that the tenant had secured alternate accommodation and committed acts of nuisance. On 28.1.1994, the Rent Controller rejected both applications. The landlord appealed under Clause 21 of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, and the appellate authority, by common order dated 13.12.1996, granted permission only under Clause 13(3)(v) of the Rent Control Order, holding that the tenant had secured alternate accommodation. The tenant challenged this order. The High Court noted that the appellate authority's finding was that the major sons of the tenant had secured their own houses and were staying separately and doing their own business. The court held that separate business or separate houses by major sons cannot be treated as alternate accommodation for the tenant himself. Therefore, the finding of alternate accommodation was erroneous. The court allowed the writ petitions, set aside the appellate authority's order, and restored the Rent Controller's order rejecting the landlord's applications. The court also noted that the issue of nuisance was not pressed by the landlord before the appellate authority.
Headnote
A) Rent Control - Alternate Accommodation - Clause 13(3)(v) of C.P. and Berar Letting of Houses and Rent Control Order, 1949 - The appellate authority granted permission to terminate tenancy on the ground that the tenant's major sons had secured their own houses and were living separately. The High Court held that such separate accommodation of major sons cannot be treated as alternate accommodation for the tenant himself. The finding of alternate accommodation was set aside. (Paras 2-4)
Issue of Consideration
Whether the appellate authority erred in holding that the tenant had secured alternate accommodation under Clause 13(3)(v) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, based on the fact that his major sons had their own houses and were living separately.
Final Decision
Writ petitions allowed. The common order dated 13.12.1996 passed by the appellate authority is quashed and set aside. The order of the Rent Controller dated 28.1.1994 rejecting the landlord's applications is restored.
Law Points
- Alternate accommodation must be for the tenant himself
- not for major sons living separately
- Clause 13(3)(v) of C.P. and Berar Letting of Houses and Rent Control Order
- 1949
