(1.) THE Defendant is in appeal against a reversing decision of the learned Subordinate Judge, Bolangir in a suit for eviction and arrears of house rent. The Plaintiff which is a Limited Company incorporated under the Companies Act through its Managing Director instituted the suit for eviction and recovery of rent and other ancillary reliefs on the allegation that the Defendant was a tenant in respect of a house belonging to the Company.
(2.) THE defence taken was that the house did not belong to the Plaintiff, but the vacant site of the Company was taken by the Defendant who raised the structure at his own expenses. The alleged lease deed was never acted upon and the Defendant had never paid any rent to the Plaintiff because nothing was due. The maintainability of the suit was also disputed.
(3.) AS it appears from paragraph 6 of the appellate judgment, the only point which was mooted was about the maintainability of the action. The learned appellate Judge came to find that the Company was verily in existence and Kumar Bhupal Singh continued to be the Managing Director. He accordingly reversed the decree of the trial Court and gave a decree as prayed for.