JUDGMENT :

L. Rath, J. - The tenant is the Petitioner against an appellate order in a House Rent Control proceeding directing its eviction from the premises. The opposite party No. 1 filed a petition u/s 7(2) of the Orissa House Rent Control Act for eviction of the Petitioner for the premises on the pleading of its having been a chronic willful defaulter in payment of rent, The averment was made that the Petitioner was indifferent in paying monthly rent insight of repeated demands and that he was in arrears since July, 1980 till the date of filing of the petition, which was on 8-4-1981.

2. In the written statement filed by the Petitioner, it denied the assertion of being a willful defaulter and contended that the conduct of the parties would show payment of rent to have been made whenever the landlady sent her agents to receive payment. Besides the rents for the periods of default alleged was stated to have been paid on different dates. It is not disputed by the learned Counsel for the opposite party No. 1 that arrear of rent alleged to be from July, 1980 till the date of filing the petition was in fact paid out of Court during pendency of the K.R.C. case and accepted by the opposite