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1982 Supreme(Ori) 46

R.N.MISRA, B.K.BEHERA
CHINTA NARAYANAMMA – Appellant
Versus
KHOLLI SAHU – Respondent


Advocates Appeared:
B.L.N.SWAMY, N.R.AGRAWAL, N.V.RAMDAS, P.V.Ramdas, R.MOHANTY, Y.S.N.MURTY

BEHERA, J.

( 1 ) CHALLENGE in this application under Articles 226 and 227 of the Constitution is to the original and appellate orders (Annexures 1 and 2) passed by the House Rent Controller and the Chief Judicial Magistrate, rejecting the application of the petitioner under the Orissa House Rent Control Act, 1967 (Act 4 of 1968) (hereinafter referred to as the Act) and dismissing her claim for eviction of the opposite party No. 1 on the grounds (a) that the opposite party No. 1 was a wilful defaulter in the payment of rent and (b) the house in occupation of the opposite party No. 1 was required for the bona fide requirement of the petitioner. The petitioner seeks a direction from this Court for the eviction of the opposite party No. 1 after quashing Annexures 1 and 2.

( 2 ) THE petitioner had inducted the opposite party No. 1 as a tenant from 25-11963 on a monthly rent of Rs. 35/-which later was enhanced to Rs. 45/- per month. The opposite party No. 1, it was alleged, was irregular in the payment of rent and since October, 1975, wilfully defaulted in the payment of rent. The other ground for the eviction of the opposite party No. 1 was that the petitioner intended to shift to the







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