MD KAMRUDDIN JAMMA Vs. GANGA PRASAD

JUDGEMENT

(1.) This writ application has been filed by the landlord against the appellate order of the learned Chief Judicial Magistrate, Sundargarh reversing an order of eviction passed by the learned House Rent Controller under Section 7 of the Orissa House Rent Control Act, 1967 (hereinafter referred to as the Act).

(2.) The house in question was let out to opposite party No. 1 for the period from 1-11-1973 to 30-9-1974 on a monthly rent of Rs. 110/- and in evidence thereof an agreement was executed on 2-12-1973 vide Ext. 5. According to the terms of agreement the tenant was to pay the monthly rent within the first week of the succeeding month and to vacate the house after expiry of the lease on 319-1974. On 15-1-1975, the landlord filed an application under Section 7 of the Act for eviction on the grounds that the house was required by him for Ms own occupation and that the tenant was a wilful defaulter.

(3.) The tenant filed counter denying the allegations of bona fide requirement and wilful default in payment of rent. It was alleged that the landlord used to receive the rent at intervals but since 5-10-1974 he stopped receiving rent.