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1983 Supreme(Ori) 45

B.K.BEHERA, J.K.MOHANTY
RADHA NAYAKANI – Appellant
Versus
KONCHADA NARAYANA MURTY – Respondent


Advocates Appeared:
B.B.RATHO, S.K.DAS, S.MOHANTY, S.N.Padhi

J. K. MOHANTY, J.

( 1 ) PETITIONER, an old lady, now aged about 75 years filed House Bent Control Case No. 91/76 against opposite party No. l--tenant for evicting him from the disputed house on the ground that she has no other house to live in and the disputed house is the only house which is required for her bona fide use and occupation. She only examined herself in support of her case and produced two documents (Exts. l and 2) before the House Rent Controller which a have been annexed as Annexirres 1 and 2 in this case. Opposite Party No. l--tenant opposed the application on the ground that the petitioner has got three houses besides the house in question out of which she has let out two houses and is residing in one. The opposite party No. 1 examined himself as O. P. W. No. 2 and another witness as O. P. W. 1, who is a clerk in the Berhampur Municipality and has produced the Demand Register of the Municipality to prove Exts. C, D and E to the effect that the petitioner has three more houses standing in her name. The House Rent Controller accepted the plea of bona fide requirement of the petitioner and directed opposite party No. 1 vide his order in Annexure-5 to deliver vacant








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