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1979 Supreme(Ori) 7

K.B.PANDA, P.K.MOHANTY
SURAJBALI RAM – Appellant
Versus
DHANI RAM – Respondent


Advocates Appeared:
A.K.RAO, A.PASAYAT, B.K.MISHRA, B.S.MOHAPATRA, Debananda Misra, DEEPAK MISRA, G.LAKSHMA, H.K.Jena, M.K.C.RAO, N.MUKHARJI, P.K.DHAL, P.K.Ray, S.C.SAHU, S.S.MOHANTY, SOMANATH CHATTERJI

PANDA, J.

( 1 ) THE two petitioners, who are brothers and tenants under opposite party No. 1, in this application seek annulment of the eviction order passed against them under the Orissa House Rent Control Act, 1967 by the appellate authority on 48-1978 (Annexure 8 ).

( 2 ) THIS is a typical case exemplifying the desperate efforts made by the tenants to perpetuate their possession by all conceivable methods -- doubtful and dubious.

( 3 ) FACTS necessary for the disposal of this writ petition may be stated as follows :---Dhani Ram, opposite party No. 1, is alleged to be the owner of a pucca house appertaining to Holding No, 38 in Ward No. 24 of Cuttack municipality. The ground floor of that building has got two units. A pucca wall separates these two units and divides the well lying at the centre into two halves. These halves, therefore, can conveniently be described as 'eastern part' and 'western part'. The western part is cross marked in red ink and that is the property from which eviction was sought for by Dhani Ram (opp. party No. 1) of the two tenant-petitioners. The case was numbered as House Rent Control Case No. 37 of 1976. Admittedly, the petitioners had been inducted b







































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