AKAPATI BHASKAR PATRO Vs. TRINATH SAHU

JUDGEMENT

(1.) AFTER hearing the above case the learned Single Judge (Justice Naik) felt that the ratio of the decision in the case of M/s. Savani Transport Ltd. v. Kamarajit Bissoi, 71(1991) C. L. T. 40 1991(11,) O. L. R. 446 1990(3) O. C. R. 569 needs to be considered by a Larger Bench. Accordingly, the matter was placed before us.

(2.) FOR the sake of brevity the concluding paragraph of the decision of the learned Single Judge is quoted herein below :

(3.) THE sole question in controversy is regarding applicability of the amended provision (quoted supra) of section 441 to the 'tenants' in respect of residential premises, The learned Single Judge in his order of reference has made elaborate discussion of the facts of the case as well as law and entertained a doubt regarding the status of a tenant whose tenancy has been terminated vis a vis the applicability of section 441 of the I. P. C. (Orissa Amendment) to such tenant. In the case of M/s. Savani Transport Ltd. referred to supra, the learned Single Judge (Justice Shri Rath, as he then was) interpreting the amended provisions bas observed as follows :