MD YUNUS Vs. SADHANA AUSADHALAYA

JUDGEMENT

(1.) AS both the above writ petitions involve common question of facts and law and have been preferred against the common judgment passed by the House Rent Controller -cum -J.M.F.C. (II), Bolangir in H.R.C. Case No. 4/2 of 1983 -86 and the judgment passed by the Chief Judicial Magistrate, Bolangir in House Rent Appeal No. 3 of 1988, they were heard together and are disposed of by this common judgment.

(2.) AN application under Section 7 of the Orissa House Rent Control Act, 1967 (hereinafter referred to as 'the Act') was filed by one Md. Yunus, the petitioner in OJC No. 6471 of 1997 who is Opp. Party No. 1 in OJC No. 14478 of 1998, as Landlord, for evicting the tenant -M/s. Sadhana Ausadhalaya, Calcutta and its Officer -in -charge occupying the disputed shop room and carrying on business on behalf of the said M/s. Sadhana Ausadhalaya from the disputed shop room. The case has run through a bad weather and has a chequrerd career. The petition under Section 7 of the Act was filed by the Landlord -Md. Yunus for evicting the tenant and its Officer -in -charge from the tenanted premises which constitute a room measuring 7' 4' x 7' 6' which is a portion of the residential house of the Landlord, situated on Hal Nazul Plot No. 50/1862 in Holding No. 587 of Bolangir town within the Municipal limits adjoining to the road near the Bus Stand. The grounds mentioned in the said application by the Landlord were willful default in payment of monthly rent by the tenant, bona fide requirement of the premises by the Landlord and for repairing the said premises which is in a dilapidated condition.

(3.) IT is relevant to mention here that after dismissal of the appeal, the said Akhil Chandra Sarkar who was the Officer -in -charge of M/s. Sadhana Ausadhalaya at Bolangir, challenged the judgment of the Lower Appellate Court in OJC No. 1137 of 1997 before this Court. When the said Writ Application was taken up on 16.10.1998, it was brought to the notice of this Court that the said Akhil Chandra Sarkar who was originally opp. party No. 2 in the House Rent Control Case as well as the proprietor of M/s. Sadhana Ausadhalaya which was the tenant, expired during the pendency of the said proceeding. This Court, therefore, by its order dated 16.10.1998 passed in the said OJC No. 1137 of 1997 while holding that it is the admitted case of both the parties that Md. Yunus is the landlord and M/s. Sadhana Ausadhalaya represented by Dr. Naresh Chandra Ghose was the sole tenant observed that there is no scope for wrong description of the petitioner in the cause title of the said Writ Application. This Court further held that as the right to sue does not survive, there is no scope for any substitution and in the eye of law, the case stands abated. With the further observation that the said order shall not prevent any party to canvas a just cause before the appropriate forum in accordance with law, this Court disposed of the said writ application vacating all interim orders.