JAISINGH ALIAS GUJARMAL SALOPAL Vs. RAJENDRA KAUR

JUDGEMENT

(1.) IN this writ application by a tenant, the interesting question of law that arises for consideration is as to whether on the facts and in the circumstances of the case he could deny the relationship of landlord and tenant between him and opposite party No. 1.

(2.) THE facts: The petitioner challenges the order of the House Rent Controller, Panposh at Uditnagar affirmed in appeal vide Annexure -1 and 2 to the writ application. Opp. party No. 1 filed an application before the House Rent Controller against the petitioner Under Section 7(2)(i) of the Orissa House Rent Control Act, 1967 (hereinafter called the 'Act') for eviction of the petitioner from the house bearing Holding No. 74 in Ward No. 3 of Biramitrapur Tahasil on the following allegations : Opp. party No. 1 had let out the house in question to the petitioner on a monthly rent of Rs. 60/ - some time in the year 1967. The petitioner paid rent for about a year and then stopped paying the rent in spite of repeated demands. Thereupon, she served a lawyer's notice demanding payment, but in spite of that, the petitioner did not pay the rent. Thus, according to opp. parly No, 1, the petitioner was a wilful defaulter having failed to pay rent from the year 1968 and was therefore liable to be evicted from the house in question.

(3.) IN support of her case, opp. party No. 1 examined before the House Rent Controller her brother holding power of attorney who proved the lawyer's notice which opp. party No. 1 had served on the petitioner and the reply (Ext. 7) of the petitioner to the said notice. This fact is not in dispute or controverted in the show -cause filed by the petitioner. He denied the allegation of the petitioner that rent was paid to opposite party No. 1 on the direction of Bhagwati Kaur and that it was she who was the owner of the house.