BIJAYA KUMAR MOHANTY Vs. SARASWATI SUBUDHI AND ORS.

JUDGEMENT

(1.) SARASWATI Dubudhi (Opposite Party No. 1) claims to be the landlord of the disputed house. In his written statement the Petitioner took the stand that he was the owner in possession and opposite party No. 1 had no title in the disputed house and the Petitioner was never inducted as a tenant and as such there was no question of being in arrears of rent. The House Rent Controller passed an order dated 27th of April 1970 directing the Petitioner to deposit the arrear rent of the suit house as claimed by opposite party No. 1 in her petition dated 13 -4 -1970 within a week failing which the Petitioner would not be allowed to contest the case. The Petitioner did not deposit the arrears of rent and carried an appeal. The appeal was dismissed. The present writ application has been filed against the appellate order.

(2.) THE sole question for determination in this writ application is whether the Petitioner was rightly debarred by the Hose rent Control Authorities from giving his defence for failure to deposit rent as directed.

(3.) THE House -Rent Control Authorities therefore exercised their jurisdiction illegally in debarring the defence of the Petitioner under Section 7(3). The impugned orders are quashed. A writ of certiorari be issued accordingly.