JUDGMENT :

A.K. Padhi, J. - Petitioner Laxmidhar Sahu had filed an application u/s 7 of the Orissa House Rent Control Act (hereinafter referred to as 'the Act') for eviction of Gouranga Charan Sahu (opp. party No. 1) on the ground of wilful default.

In the application, it was averred that in the year 1974 opp. party No. 1 was inducted as a tenant of the disputed house under the father of the Petitioner and the rent was fixed at Rs. 120.00 per month. As opp. party No. 1 defaulted in payment of rent from August 7 1979 the application u/s 7 of the Act was filed in the year 1980 which was numbered as H.R.C. case No. 38 of 1980. The learned House Rent Controller by his judgment dated 11-2-1982 directed the opp. party No. 1 to deliver vacant possession of the house after giving the finding that there is relationship of landlord and tenant in between the Petitioner and the opp. party No. 1 and the opp. party No. 1 is a wilful defaulter in payment of rent. Being aggrieved by the order of the learned House Rent Controller opp. party No. 1 filed an appeal before the appellate authority opp. party No. 2 which was numbered as H.R.C. Appeal No. 18 of 1982. After filing the appeal under the Act, o