STATE OF ORISSA Vs. CHANDAN SINGH

JUDGEMENT

(1.) THE Defendant the State of Orissa, has preferred this appeal against the decision of the Subordinate Judge, Jajpur in Title Suit No. 12 of 1968.

(2.) THE Plaintiff's suit is for eviction from the suit house of the Defendant the State of Orissa (hereinafter referred to as 'State') who was in occupation of the said house as a tenant through its officers in the P.W. (Roads and Buildings) Department and for recovery of arrear rent of the said house from the State for the period from 21 -8 -1962 to 5 -7 -1968 at the rate of Rs. 105/ - per month coming to a total of Rs. 7402.50 Paise, and for future interest on that amount.

(3.) THE Defendant in the written statement controverted the Plaintiff's allegations bath an factual and legal aspects. It has however been admitted by the Defendant that the sectional Officer, P.W.D. (R and B), Jajpur Road was in occupation of the house in question an behalf of the state, and that the Defendant could not pay any rent far the said house since the time the Plaintiff purchased the same as the fair rent far the same, to which only the Plaintiff was entitled, had not been fixed. It is also admitted that after the fact of the transfer of ownership of the house to the Plaintiff was intimated to the Defendant, the latter accepted the Plaintiff to be the owner of the said home. It is however stated that the Plaintiff is not entitled to the amount or the rate of rent claimed by him in this suit. The Defendant vacated the house an 1 -11 -1968 and handed aver vacant possession of the same an that date.