Judgement

P. K. MOHANTI, J. :- This writ application is directed against an order of ejectment made under S. 7 of the Orissa Home Rent Control Act, 1967 (hereinafter referred to as the Act ).

2. Opposite party No. 1 claiming himself to be the owner of the house in question filed an application under S. 7 of the Act for ejectment of the petitioner on the ground that he had wilfully defaulted in the payment of rent and further that the house in question was required by opposite party No. 1 for bis own use and occupation to start a hardware shop for his sons.

3. The petitioner filed counter denying the allegations of default in payment of rent and bona fide requirement of the house. It was contended that the house in question belongs to the deity Shri Nilakantheswar Swamy of Berhampur town and the rent of the house was meant to be used for the bhog-rag of the deity and that the opposite party No. 1 had no legal right to maintain the case in his personal capacity.

4. The House Rent Controller allowed the application on the findings that there was relationship of landlord and tenant between the parties; that the petitioner was a wilful defaulter and that the house in question was required b