S. C. Agrawal, J. - (1.) Special Leave granted.
(2.) This appeal by the landlord arises out of a suit for eviction from premises governed by the provisions of the Central Provinces and Barer Regulation of Letting of Accommodation Act, 1946 (hereinafter referred to as 'the Act') and the Central Provinces and Barer Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as 'the Rent Control Order').
(3.) The Rent Control Order has been made in exercise of the powers conferred by Section 2 of the Act which empowers the State Government by general or special order to provide for regulating the letting and sub-letting of any accommodation or class of accommodation whether residential or non-residential. Clause (b) of Section 2 of the Act prescribes that such order may provide for preventing the eviction of tenants or sub-tenants from such accommodation in specified circumstances. In Clause 13 of the Rent Control Order provision has been made for the protection of a tenant against the eviction. The relevant parts of the said clause are reproduced below:- "13(1) No landlord shall, except with the previous written permission of the Controller:- (a) give notice to a tenant determining the lease or determine the lease if the lease is expressed to be determined at his option; or (b) where the lease is determinable by efflux of the time limited thereby require the tenant to vacate the house by process of law or otherwise if the tenant is willing to continue the lease on the same terms and conditions. ********** (3) If after hearing the parties the Controller is satisfied:- ********** (iv) that the tenant has used the house or premises or any part thereof for a purpose other than that for which it was leased; for ********** (vi) that the landlord needs the house or a portion thereof for the purpose of his bona fide residence, provided he is not occupying any other residential house of his own in the city or town concerned; or ********** he shall grant the landlord permission to give notice to determine the lease as required by sub-clause (1)". ;