GURUCHARAN DAS Vs. SMT. CHAMELI DEVI AND ANR.

JUDGEMENT

(1.) THIS is an application by the tenant under Articles 226 and 227 at the Constitution of India for the quashing of the appellate judgment dated 29 -1 -1983 in House Rent Control Appeal No. 5 of 1981, in exercise of our certiorari jurisdiction.

(2.) THE case of the opposite party No. I -landlady in brief is as follows:

(3.) IT is worthwhile to mention here that Kuseswar claiming the property on which the premises stood to be his own had filed H.R.C. Case No. 24 of 1976 seeking eviction of the tenant Petitioner. Notice had been issued by his lawyer as per Annexure -1 dated 26 -10 -1976 claiming the property to be his own. The tenant had denied the relationship of landlord and tenant between Kuseswar and himself. That case was allowed to be withdrawn on application of Kuseswar by order dated 6 -1 -1979, passed by the Controller. Kuseswar also filed Money Suit No. 54 of 1977 in the Court of the Munsif, Panposh for realisation of arrears of rent which is said to be still pending disposal. After withdrawal of H.R.C. Case No. 24 of 1976, H.R.C. Case No. 11 of 1979 was initiated in the name of Chameli Devi as the landlady through Kuseswar, her power -of -attorney -holder. The power -of -attorney was exhibited in the Court below as Ext. 1 and has been annexed to this writ application as Annexure -7.