- (1.) The appellant's tenancy was permitted to be terminated under clauses 13 (2 and 13 (3 (ii) of the central Province and Berar Letting of House and Rent Control Order, 1949, for short 'the Order' for ejectment from the demised premises on the ground that he was a habitual defaulter. A decree for eviction ensued which had become final by dismissal of the Special Leave Petition in limine by this court. Objections raised in the execution at the instance of his sons were overruled. Thereafter, the appellant filed the W. P. No. 1370 of 1984 in the High court of Bombay challenging the constitutional validity of sub-clause (ii) of clause 13 (3, which was dismissed in limine on 18/06/1984. Thus this appeal by special leave.
(2.) Section 2 of C. P. and Berar Regulation of Letting of Accommodation Act, 1946 reads thus: "The Provincial government may, by general or special order which shall extend to such areas as the Provincial government may, by notification, direct, provide for regulating the letting and sub-letting of any accommodation or class of accommodation whether residential or non-residential, whether furnished or unfurnished, and whether with or without board, and in particular- (A) for controlling the rents for such accommodation either generally or when let to specified persons or class of persons or in specified circumstances; (B) for preventing the eviction of tenants or sub-tenants from such accommodation in specified circumstances, etc. etc. " Clause 13 (3 (ii) of the Order provides that: "A landlord who seeks to obtain permission under sub-clause (1 shall apply in writing to the Controller in this behalf that the tenant is habitually in arrears with the rent. "
(3.) The Controller defined under clause 2 (1 means an officer appointed to exercise the power of the Controller under this Order.;