JUDGMENT :

D. Dash, J.

This appeal has been filed challenging the judgment and decree passed by the learned Addl. District Judge, Champua in RFA No. 15/53 of 2011-2009 allowing the appeal in part and also the counter-claim in part and directing the appellant to vacate the tenanted premises within a year of passing of the decree with payment of arrear house rent till the date of disposal of the appeal in four equal quarterly instalments within that period.

2. For the sake of convenience, in order to bring clarity and avoid confusion, the parties hereinafter have been referred to as they have been arrayed in the court below.

3. The present appellant as the plaintiff filed the suit i.e. C.S. No. 44 of 2004 in the Court of learned Civil Judge (Sr. Divn.), Champua praying for issuance of permanent injunction against the defendant-respondent restraining him from disturbing in his possession in respect of the suit house and from evicting him without following due process of law.

The plaintiff admitted his status as a tenant under the original house owner one Debendra Prasad Pandiya. It is stated that after purchase of the house by the defendant, he continued to remain as such under the defenda