H MOHAMMAD SIKANDAR Vs. BADRUNISSA BIBI

JUDGEMENT

(1.) OPPOSITE party No. 1 is the landlady of the house situated in Oriya Bazar in Cuttack City. Petitioner is the monthly tenant thereof. OPPOSITE party No. 1 filed a petition under Section 7 of the Orissa House Rent Control Act, 1967 (hereinafter referred to as the Act) for eviction of the petitioner on three grounds: (a) husband of opposite party No. 1 who is a practising lawyer in Puri town wants to shift his practice to Cuttack and as such the house is to be re-modelled and made fit for occupation; (b) the house has been sub-let by the petitioner without consent of opposite party No. 1; and (c) according to the terms of the oral agreement which was entered into by the parties, petitioner was to effect necessary annual thatching and incidental repair to the suit premises, but without effecting any such repair or thatching he had deducted the amount from the monthly rent payable by him and thereby has caused acts of damage which has materially impaired the value of the house. The petitioner combated all the grounds of eviction.

(2.) THE Rent Controller and the appellate authority have concurrently upheld all the grounds of eviction. THE tenant has filed the writ application under Articles 226 and 227 of the Constitution challenging all the grounds of eviction.