DINDAYAL AGARWALA Vs. NANDAKISHORE PATWARI AND ORS.

JUDGEMENT

(1.) THIS is an application by the landlord for a writ of certiorari to quash the reversing appellate decision of the Chief Judicial Magistrate (opposite party No. 3) in a proceeding for eviction initiated by the Petitioner under the provisions of the Orissa House Rent Control Act.

(2.) PETITIONER is the owner of a double -storied house standing on holding No. 866 of ward No. 6 of Bargarh Municipality. Under a rent deed dated 1 -12 -1962, three rooms out of this house in the ground floor were rented out to opposite party No. 1 for shop purposes. Petitioner also runs a cloth shop in the premises. Petitioner made an application to the House Rent Controller under Section 7 of the Act for an order of eviction of opposite party No. 1 on the ground that the premises were necessary for his personal occupation. He pleaded that his family consists of ten members in all his mother, his wife, Petitioner and his seven children. Of the seven children four are sons and three daughters. The eldest son has joined the college while the other children have now come of age and are all school going. The accommodation in the house excluding the tenanted shop rooms is inadequate for providing minimum living condition to the members of the family. Petitioner also pleaded that he intended to expand his own business and claimed that on account of lack of space, a portion of a room had been cordoned off by almirahs for the purpose of location his business and the extra stock had to be kept at a distance in a separate store room.

(3.) MR . Mohanty for the Petitioner contends: