GANDHARBA PATRA Vs. TARAMANI DEI AND OTHERS

JUDGEMENT

(1.) By agreement (Annexure 1) dated 6.8.65, opposite party No. 1 let out to the petitioner a homestead of 41 decimals in extent containing a number of residential houses, well, latrine and some open situated in the town of Cuttack for a period of 10 years on a monthly rental of Rs. 250.00. Subsequently, opposite party No. 1 instituted an eviction proceeding under section 7 of the Orissa House Rent Control Act 1967 (hereinafter referred to as the Act) on 16.10 69 for eviction of the petitioner on two grounds namely, (a) that the petitioner was a wilful defaulter in respect of payment of rent; and (b) the petitioner without the written consent of his landlord had sub let 'a portion of the house. The House Rent Control proceeding was numbered as H KC Case No 123 of 1569. The House Rent Controller directed eviction of the petitioner after coming to a conclusion that both the two grounds for eviction had been established. The petitioner went up in appeal under H R C. Appeal No. 26 of 1971 to the A.D M (J) Cuttack. The appellate authority reversed the finding as to wilful default in payment of house rent but confirmed the finding as to the second ground of eviction namely that the tenant petitioner had sublet a portion of the house without the written consent of the landlord and accordingly, upheld the order of eviction of the House Rent Controller The present writ application has been filed by the petitioner for a writ of certiorari to quash the judgments of the House Rent Controller and of the A D M.(J), Cuttack Annexures 5 and 6 respectively.

(2.) The contention of the petitioner is that the entire proceeding under section under section 7 of the Act is without jurisdiction on the following grounds, namely :

(3.) I will now take up the first ground, 'House' has been defined in Sec. 2(3) of the Act. It runs as follows :