1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C. A. O. NO. 1218 OF 2010 AND M. C. A. ST. NO. 4865 OF 2010 IN WRIT PETITION NO. 913 OF 1999(D) (Chandanlal Munnalal Fulsunge) -: VERSUS :- (Namdeo Govind Akarte) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 14, 2010. Heard Shri S. R. Deshpande, learned counsel for the petitioner and Shri Kankale learned AGP for respondent no.2. Prayer is to condone the delay of 80 days in filing M. C. A. for review. Heard on merits also to find out whether any primafacie case for issuing notice is made out or not. Learned counsel has contended that question is whether in 1994 provisions requiring arrears of six months on date of application had come into force or not? He further states that a finding that on said date 2 tenant was in arrears of five months is already on recorded. The amendment requiring tenant to be in arrears of six months in Clause 13(3)(i) of C. P. And Berar Letting of Houses And Rent Control Order 1949 came into force in 1989. Similarly because tenant is shown to be in arrears once, that is not sufficient to show that he is habitual defaulter. This Court has considered the material available on record though in absence of learned counsel for applicant landlord. No case is made out warranting any exercise of review jurisdiction. In this situation I find it not necessary to issue any notice either on application for condonation or on M. C. A. Both applications are rejected. JUDGE SVK