L. RATH, J.

( 1 ) THESE two writ applications arise out of the same appellate judgement in a House Rent Control case disposing of two House Rent Control Appeals respectively preferred by the landlord and the tenant as against an order of the House Rent Controller dismissing the landlord's application for eviction even though recording adverse findings against the tenant as being a wilful defaulter and having negatived the title of the landlord. Two writ petitions have been filed against the same order since originally there were two appeals before the appellate authority and both are being disposed of by this common judgement.

( 2 ) TWO questions have been urged by Mr. Panigrahi, learned counsel appearing for the petitioner-tenant to press for reversal of the appellate judgement. The first is whether a person who was a tenant but was evicted from the house in execution of an ex parte order of eviction, but occupied the house thereafter forcibly could still be called a tenant in the house rent control proceeding restored after setting aside of the ex parte order; and second, whether the House Rent Controller functioning under the Orissa House Rent Control Act, 1967 has the authori