SURESH CHANDRA NAIK Vs. GAGAN BEHARI RAY
HIGH COURT OF ORISSA
Suresh Chandra Naik
Gagan Behari Ray
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B.K. Ray, J. -
(1.) THE sole Defendant has come up with this revision against the decree of the S.C.C. Judge passed against him (Petitioner) for recovery of Rs. 472 -50 with future interest towards damages for unauthorised occupation of the suit house belonging to the Plaintiff from 15 -11 -1969 to 1 -10 -1970, the date when possession of the suit house was taken by the Plaintiff by evicting the Petitioner.
(2.) THE case of the Plaintiff as stated in the plaint is as follows : The Defendant -Petitioner was a tenant under the Plaintiff in respect of the disputed house on a monthly rental of Rs. 45/ -. The Plaintiff thereafter served a notice on the Petitioner determining the contractual tenancy and demanding vacant possession of the disputed house. The Petitioner not having complied with the notice, the Plaintiff filed H.R.C. case No. 5 of 1968 for eviction of the Petitioner and got an order for eviction on 22 -9 -1969. This order of eviction passed by the House Rent Controller in favour of the Plaintiff was executed in Execution Case No. 178 of 1969 in the Court of the Munsif, Puri and in course of execution, the Plaintiff obtained delivery of possession through Court on 1 -10 -1970. The Plaintiff thereafter instituted the S.C.C. suit out of which this revision arises claiming compensation of Rs. 642/ - from 15 -11 -1969 till 1 -10 -1970. Out of this amount, he gave up Rs. 169 -50 and claimed the balance of Rs. 472 -50 together with future interest. The main defence taken by the Petitioner in the Court below is that the S.C.C. Court has no jurisdiction to entertain the suit for recovery of the aforesaid amount as damages, because the Petitioner continued as a tenant in respect of the disputed house under the Plaintiff till 1 -10 -1970 when he was evicted therefrom in the execution case referred to in the plaint.
(3.) THE Court below having negatived the defence contention and having decreed the suit the present revision has been filed.;
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