D CHATURBHUJ JAIN BHANSALI Vs. BIJOY CHANDRA BAKSHI

JUDGEMENT

(1.) Tenant in a proceeding for eviction under the Orissa House Rent Control Act is the petitioner. Admittedly, petitioner is a tenant under opposite party No. 1 in respect of a double-storeyed building on the main road of Jeypore town. Opposite party No. 1 filed a case for eviction on the ground that petitioner No. 1 has sublet the house to petitioner No. 2 and is in arrears of house rent and that opposite party No. 1 requires the house in good faith for his residence and for opening a shop.

(2.) The present petitioners in their counter contended that petitioner No. 2 is the son of petitioner No. 1 and there is no question of subletting. He is not a wilful defaulter. It is further stated that opposite party No. 1 has got sufficient other houses and at present he is residing in his ancestral house which has been divided into four equal portions. There is no need of opening any shop.

(3.) The House Rent Controller dismissed the application for eviction, but the appellate court set aside the judgment of the House Rent Controller and allowed the petition for eviction holding that opposite party No. I requires the house for his residence and also for starting a motor parts shop.