JUDGMENT :

S.K. Mohanty, J. - Petitioners and opposite parties are heirs of one Satyanarayan Verma and Krushna Chandra Sahoo respectively. Krushna Chandra initiated eviction proceeding bearing No. 82 of 19,76 against Satyanarayan from a shop room in Balu Bazar in the city of Cuttack u/s 7 of the Orissa House Rent Control Act, 1967 on the ground of wilful default in payment of rent and bona fide requirement of the same by Krushna Chandra. The House Rent Controller allowed the prayer for eviction on the ground of bona fide requirement only. In appeal the Chief Judicial Magistrate, Cuttack confirmed the order of conviction on both the grounds. Being dissatisfied the heirs of Satyanarayan have invoked the writ jurisdiction of this Court to quash the order of eviction.

2. The shop room in question stands on 2 .decimals of Khasmahal land which forms part of Ac. 1,825 decimals of lease-hold area of deity Binod Bihari Thakur taken lease from the Khasmahal authorities by Registered lease deed dated 25-2-1952. The lease was to enure till 31-3-1973 with a right of renewal thereafter by one or more leases at intervals of 30 years. Krushna Chandra as a sub-lessee under the deity Binod Bihari Thak