SHYAM SUNDAR MOHAPATRA Vs. BRAHMANANDA SEN

JUDGEMENT

(1.) HEARD .

(2.) THIS writ application is precisely under Article 227 of the Constitution of India. Opposite Party Nos. 1, 2, 4 and 5 in H. R. C. Case No. 13 of 1982 of the Court of S.D.J.M. Balasore were appellant Nos. 1 to 4 in H.R.C. Appeal No. 6 of 1985 of the Court of Chief Judicial Magistrate, Balasore and they are the petitioners before us. Both the petitioners and opposite party Nos. 3 and 6 in that H.R.C. Case are respectively the Opposite Party Nos. 1 to 4 in this O.J.C. Opposite party No. 2 is one of the sons of deceased Opposite party No. 1. Therefore the other legal representatives of opposite party No. 1, on his death, were substituted as opposite party Nos. 1 (a) to 1 (d). On the death of Opposite Party No. 4 her legal heirs have been substituted as Opposite Party Nos. 4(a) to 4 (d). The substituted legal representatives of the above noted deceased Opposite Parties have not appeared and contested this case.

(3.) ACCORDING to the facts pleaded and allegations made by the petitioners in their application before the House Rent Controller, they sought for eviction of the Opposite party members from the two rooms rented out on monthly rent to the Opposite Party No. 1. Petitioner No. 2 is the owner of those two rooms having received the same to his share in registered deed of partition (Exts. 1 and 2). His father i.e. Petitioner No. 1 was allowed to possess one of the said two rooms during his life time. Though Opposite party No. 1 took the said two rooms on rent, but none of the Opposite Party members, being belonging to one family, resided there. On the other hand, Opposite Party No. 3, one of the daughter -in -laws of Opposite Party No. 1 runs a medical clinic being a qualified doctor. Petitioners alleged that Opposite Party has failed to pay arrear house rent and that Petitioner No. 2 requires the said rented premises for his personal use as a part of his residential house. Accordingly application was filed for eviction under Section 7(2)(1) read with 7(4) of the Orissa House Rent Control Act, 1967 (in short 'the Act').