JUDGMENT :

R.N. Misra, J. - The Defendant is in appeal against a reversing decision of the learned Subordinate Judge, Bolangir in a suit for eviction and arrears of house rent. The Plaintiff which is a Limited Company incorporated under the Companies Act through its Managing Director instituted the suit for eviction and recovery of rent and other ancillary reliefs on the allegation that the Defendant was a tenant in respect of a house belonging to the Company.

2. The defence taken was that the house did not belong to the Plaintiff, but the vacant site of the Company was taken by the Defendant who raised the structure at his own expenses. The alleged lease deed was never acted upon and the Defendant had never paid any rent to the Plaintiff because nothing was due. The maintainability of the suit was also disputed.

3. The learned trial judge came to hold that the Defendant was a monthly tenant under the Plaintiff-Company on payment of rent of Rs. 30/- per month. But he found that Kumar Bhupal Singh was not entitled to represent the Company. Accordingly, the suit was dismissed as not maintainable. The Plaintiff appealed.

4. AS it appears from paragraph 6 of the appellate judgment, the onl