JUDGMENT :

V. Gopalaswamy, J. - The present Petitioner, as the landlord of the house in question, has filed the H. R. C. Case No. 18 of 1981 u/s 7 of the Orissa House Rent Control Act praying for eviction of the present opposite party No. 1 from his house and its premises on the ground of bona fide requirement of the house and further alleging that the opposite party" No. 1 is a wilful defaulter in the matter of payment of rent. The opposite party No. 1 had resisted the application for eviction on the ground that he was in occupation of the house in his own right after constructing it over the Government land and that, therefore, in respect of that house, there was no relationship of landlord and tenant between the parties. The House Rent Controller (opposite party No. 2) found that in respect of the house in question, the opposite party No. 1 was a tenant under the Petitioner and was a wilful defaulter in the matter of payment of rent and that the landlord required the house for his bona fide use and on the basis of such findings, passed the judgment dated 31-8-1982 in favour of the Petitioner directing the opposite party No. 1 to vacate the said house and the premises. Being aggri