Tarun Chatterjee, J. - (1.) Leave granted.
(2.) This appeal is directed against the Judgment and Order dated 28th of September, 2006 passed by a learned Single Judge of the High Court of Judicature of Bombay at Nagpur Bench in W.P. (c) 5075 of 2005, by which the High Court had dismissed the writ petition and affirmed the order of the Additional Collector, Nagpur dated 22nd of July, 2005, which was filed against the order of the Rent Controller, Nagpur in Revenue Case No. 264/A-71(2)/92- 93 dated 12th of November, 1999 thereby allowing the application of the respondent for grant of permission to issue quit notice under Clause 13(3)(vi) of the Rent Control Order, 1949.
(3.) The case made out by the respondents in his eviction petition may be summarized as follows: The appellant is a tenant in respect of a Shop Room measuring about 10' x 26' (hereinafter referred to as "the shop in question") under the respondent for the last more than 20 years at a monthly rental of Rs. 600/- payable at the end of each English Calendar month. In the application for eviction, the respondent had alleged that since he was jobless and had to maintain a family of ten members and had no source of income, he wanted to start a 'kirana business' in the shop in question, in which business the respondent had sufficient experience and funds to start the same. It was further alleged that he and his three sons required two shops for his bonafide need. Accordingly, the appellant was directed to vacate the shop in question and as he had failed to deliver possession to the respondent, the eviction proceeding was started against the appellant on the ground of bonafide requirement. ;