RAMA CHANDRA SAHU Vs. SANYASI BEHERA

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution asking for a writ of Certiorari to quash the appellate decision of the learned Additional District Magistrate (Judicial) Ganjam (Opposite Party No. 3).

(2.) THE opposite party No. 1 applied before the House Rent Controller, Berhampur in House Rent Control Case No. 11 of 1969 impleading the petitioner and the opposite party No. 2 as respondents and asked for eviction of the respondents from the house as the landlord wanted the premises for his own occupation and wanted a direction from the Controller regarding payment of arrears of rent. THE landlord alleged that he was the owner of the house and the respondent No. 1 was the tenant under him. THE tenant had admitted that he was liable to pay Rupees 670/- by way of arrears of rent and had acknowledged that fact in writing on 23-10-1968. THE respondent No. 1 (the present petitioner) denied the assertion made by the landlord about title and claimed that the landlord was a mere name-lender and the property was purchased by the respondent No. 1 (the petitioner). He also offered a similar explanation about the acknowledgment of arrears of rent. Thus on the plea raised in the written statement before the House Rent Controller neither the relationship of landlord and tenant nor the fact of existence of arrears of rent was admitted.