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1974 Supreme(Ori) 107

G.K.MISRA, P.K.MOHANTI
BANKIM BEHARI ROY – Appellant
Versus
AYODHYA KUMARI DIBYA – Respondent


Advocates Appeared:
B.K. Pal, B. Pal and A. Mohanty, for the Appellant; A.G. for O.P. No. 2, B.B. Mohanty, P.K. Biswal and S. Mohanty, for the Respondent

JUDGMENT :

G.K. Misra, C.J. - Petitioner is the landlord. He has a shop house at Nimchouri crossing of Cuttack town consisting of a hall with one room adjoining it and one room near the staircase in Holding No. 442 of Ward No. 3 in Cuttack Municipality. This house was let out to opposite party No. 1 in the year 1966 on a monthly rent of Rs. 110/-. In April 1970 the Petitioner filed an application for eviction of opposite party No. 1 on the ground that he required the suit house for the business of his eldest son (p.w. 2) who was running a business in ply-wood in a rented house paying heavy rent and also on the ground that opposite party No. 1 had sublet a portion of the said house to a sub-tenant without the Petitioner's consent. Opposite party No. 1 filed a written statement admitting the tenancy. She took the plea that there were six shop rooms in the suit holding out of which only one was in her occupation; the remaining five shop rooms had been let out to different tenants. The Petitioner lets out the shop rooms and collects high rent and the application for eviction is not in good faith and the object of the Petitioner is to evict opposite party No. 1 for letting it out on high














































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