SARAT CHANDRA DAS Vs. GOPAL GOSALA & OTHERS

JUDGEMENT

(1.) Filing the writ application, the petitioner-tenant challenges the order passed, vide Annexure-1 as well as the order, vide Annexure-2 involving H.R.C. Appeal involving an eviction proceeding at the instance of the O.P.1-owner.

(2.) Short background involved in the case is O.P.1 instituted H.R.C. Case No.3/86 involving the present petitioner and the case of the petitioner was that the petitioner was the owner of H.S.Plot No.1104/3559 corresponding to M.S. Plot No.1611, over which the petitioner constructed some houses and the houses were let out to several persons including the present petitioner, the O.P. therein. On the premises that the present petitioner is a tenant under the O.P. and on such failure of payment of monthly rent for a particular period mentioned therein, the HRC proceeding was initiated seeking a direction from the court for eviction of the petitioner. The petitioner on his appearance as the O.P. in the H.R.C. Case while denying the claim of the O.P.1, the petitioner therein objected the claim of the present O.P. being the owner of the property. It is on the other hand the present petitioner laid his case that the case land belongs to Government. On the basis of illegal occupation of a Government land, Encroachment Case No.436/79 for an area of Ac.0.45 in the share of Gharbari involving the petitioner was initiated and the proceeding was pending at that point of time. However, considering the claim and rival claim involved therein and the materials available at the relevant time, the trial court decided the H.R.C. Case No.3/86, vide Annexure-1 passing an order of eviction involving the present petitioner and directing the tenant to put the landlord in possession of the property.

(3.) Being aggrieved by the said order, the present petitioner filed H.R.C. Appeal No.2/3 of 1992-94. Considering the rival contentions of the parties, the Appellate Authority dismissed the Appeal thereby confirming the order of eviction passed by the trial court.