NAROTAM DAS Vs. BRAHMANANDA BAL AND ORS.

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India praying for the issue of a writ of certiorari quashing the order dated 3 -3 -1969, passed by the House Rent Controller, Dhenkanal in R.R.C. Case No. 5 of 1968 on his file and the appellate order dated 13 -5 -1971 passed by the Additional District Magistrate (Judl.). Dhenkanal in House Rent Control Appeal No. 1 of 1909.

(2.) THE Petitioner 's case is this: The house bearing holding No. 171 in ward No. 6 of Dhenkanal town belonged to late Sarangadhar Das. By a registered Will Sarangadhar Das bequeathed the property to a trust and appointed the Petitioner as his executor. The Petitioner applied for probate of the Will and during the pendency of the proceeding Shri Srinibas Misra an Advocate of this Court was appointed as receiver. One Mrunalini Devi the predecessor -in -interest of opposite parties opposed the grant of probate. But the District Judge over -ruled her objections and granted probate. As against the decision of the District Judge an appeal was filed in High Court which has since been dismissed. During the pendency of the appeal in the High Court, the Petitioner was appointed as a receiver in place of Shri Srinibas Misra. Mrunalini Debi as dead and the opposite parties who are her legal representatives are in possession of the house. After obtaining permission of the High Court. to sue the opposite parties for realisation of rent from them and for eviction from the disputed house, the Petitioner as receiver of the disputed house filed H.R.C. Case No. 5 of 1968 in the Court of the Controller for fixation of fair rent in respect of the house.

(3.) IN support of their respective cases the Petitioner examined two witnesses and opposite parties one witness. After considering their evidence and the documents filed by the parties, the Controller recorded the following findings: