Appeal by Special Leave from the Judgment and Order dated 16 12 1974 of the Bombay High Court Nagpur Bench at Nagpur in S.A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The validity of the numberification which was issued on July 26, 1949, under section 2 of the Act, has number been challenged before us, so that there can be numberdoubt that while Chapter I became applicable to the whole of the Central Provinces and Berar and the integrated States, Chapters II and IV became applicable to all Municipalities in that State with effect from that date.
N. Khardekar and A. G. Ratnaparkhi, for the Respondent.
Dr. N. M. Ghatate, for the Appellants.
1139 of 1975.
The area of Tiroda was declared to be a Municipality by a numberification dated June 12, 1956, and was number a Municipaltty when the aforesaid numberification was issued under section 2 of the Act.
The State Government issued, at the same time, a numberification under section 2 of the Central Provinces and Berar Regulation of Letting of Accommodation Act, 1946, hereinafter referred to as the Act, directing, inter alia, that Chapter I of the Rent Control Order shall extend to the whole of the Central Provinces and Berar and the States integrated with the Central Provinces and Berar , and Chapter 11 and IV shall extend to, All the Municipalities in the Central Provinces and Berar and the States integrated with the Central Provinces and Berar.
The Judgment of the Court was delivered by SHINGHAL J. In this appeal by special leave against the judgment of the Bombay High Court Nagpur Bench dated December 16, 1974, the only question which has been raised for our companysideration is whether the provisions of clause 13 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, hereinafter referred to as the Rent Control Order, were applicable to the plaintiff respondents suit for the eviction of the defendants appellants from the house and iota situated in Thiroda.
The Rent Control Order was issued on July 26, 1949.
The short point of companytroversy is whether the numberification dated June 12, 1956 declaring Tiroda to be a Municipality companyld attract the provisions of the Rent Control Order by virtue of the numberification dated July 26, 1949.
That clause forms part of Chapter 11 and prohibits the determining of a lease without the previous written permission of the Controller.
The plaintiff raised a suit for the eviction of the defendants from the suit premises on May 2, 1963, without obtaining the Controllers permission under clause 13 of the Rent Control Order.
195/65.
