1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. LPA No. 31/2008 in W.P.No. 3228/94 (A.T. Chavan .vs. Kesarimal G. Agrawal and anr.) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. S.D. Chopde, Advocate for the Appellant. Mr. N.R. Saboo, Advocate for Respondent no.1. .......... CORAM : K.J. ROHEE, & R.C.CHAVAN, JJ DATED : MARCH 26, 2008 1. Heard counsel for the parties. 2. Respondent no.1/Landlord sought permission from the Rent Controller under Clause 13(3)(i) and (ii) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 for issuing quit notice to the appellant/tenant. Permission was granted by the Rent Controller which was confirmed by the Appellate Authority as well as the learned Single Judge. 3. The main contention raised on behalf of the appellant/tenant is that whenever the tenant used to offer rent the landlord used to accept the rent without making any protest and 2 thus the practice had developed to pay and accept rent as per the convenience of the tenant, as such the findings of the authorities below are incorrect. 4. It may be noted that in the cross- examination the appellant/tenant himself accepted that there was agreement to pay rent after the tenancy month. It seems that the appellant/tenant wants to take advantage of his own wrong without pleading that a practice had developed to pay rent as per his convenience and to accept the rent whenever tendered. 5. The learned Single Judge has considered S.P. Deshmukh .vs. Shah Nihal Chand- 1977 Mh.L.J. 710 (SC) and Rashik Lal .vs. Shah Gokuldas, 1989 Mh.L.J.207 (SC) and came to the conclusion that the authorities below were right in granting permission to issue quit notice. We see no reason to interfere with the judgment of the learned Single Judge. The appeal is, therefore, dismissed. JUDGE JUDGE halwai