JUDGMENT :

P.K. Mohanti, J. - Challenge in this writ application is to an order of eviction made under section 7 of the Orissa House Rent Control Act, 1967.

2. The case for the landlord is that he is the owner of plot No. 530 in Ward No. III of Cuttack Municipality which consists of two blocks, one on the northern side and the other on the southern side. The petitioner was inducted as a tenant in respect of the northern block in May, 1963 on a monthly rent of Rs. 130/- which was subsequently enhanced by mutual consent to Rs. 150/ per month. Again sometime in the month of March, 1967, the petitioner was inducted as a tenant in respect of the southern block on a monthly rent of Rs. 150/-. Since the landlord was serving outside Cuttack, he had authorised his natural father to induct tenants and collect rent and do other acts necessary for the maintenance of the premises in question.

The application under section 7 of the Orissa House Rent Control Act was filed on 6-6-1967 on the said ground that the petitioner was a habitual defaulter in payment of rent and that since March, 1977, he had not paid the rent despite repeated demands.

3. The petitioner filed counter admitting the tenancy, but