D JAIRAJ Vs. JEYPORE SUGAR CO LTD

JUDGEMENT

(1.) In this petition under Arts. 226 and 227 of the Constitution the petitioner-tenant has assailed the order of eviction passed against him in favour of O. P. No. 1, Jeypore Sugar Co. Ltd. (hereinafter called the Company).

(2.) The petitioner was an employee of the Company. He was in occupation of quarter No. 34 in a block consisting of 40 quarters at a monthly rental of Rs. 10. On 17-9-72 the services of the petitioner were terminated by the Company and he was asked to vacate the quarter. On his failure to do so, an application for his eviction under S. 7 of the Orissa House Rent Control Act (hereinafter called the Rent Act) was filed before the House Rent Controller at Rayagada. The grounds of eviction taken were that the petitioner was a wilful defaulter in payment of rent and that the quarter was required by the Company for its own use. The petitioner denied the subsistence of relationship of landlord and tenant between him and the Company, and also controverted the grounds on which his eviction was sought. The learned House Rent Controller negatived all the contentions of the petitioner and granted an order of eviction against him. Aggrieved by this the petitioner went up in appeal. By order dated 17-9-76 his appeal was dismissed. Hence this petition.

(3.) The only ground canvassed before us is that the petitioner was not a tenant of the Company and no order of eviction could therefore be passed under S. 7 of the Rent Act.