RADHASYAM DAS Vs. CHAKRADHAR MOHAPATRA AND ANR.

JUDGEMENT

(1.) DEFENDANT No. 1 filed this appeal against the concurrent decisions of the Courts below decreeing the Plaintiff's suit.

(2.) THE Plaintiff's case was that about 30 years back, the disputed house was taken by the deceased, Guru Prasad on a monthly rental of Rs. 7/ -. where he was holding a grocery shop. In about the year 1946, the Plaintiff effected certain extensions to the said house. In consideration of the improvements, Guru Prasad agreed to pay an enhanced rental of Rs. 60/ - per month. According to the Plaintiff, he paid the above rate of rent for some months and then defaulted. The Plaintiff therefore, gave a pleaders notice to the Defendants in June, 1950, for vacating the house and for payment of the arrear dues amounting to Rs. 1, 500/ -. The Defendant did not listen to it. Accordingly, the Plaintiff was compelled to file the suit for ejectment and for realisation of arrears of rental of Rs. 1, 500/ -.

(3.) THE sole contention raised by Mr. H. Mohapatra, learned Counsel on behalf of the Appellant, was that the Defendant had acquired occupancy right in the disputed home -stead under the provisions of the Orissa Merged States (Laws) Act (Orissa Act IV of 1950). For this purpose, he relied upon Clause (f) of Section 7 of the foregoing Act. Section 7, as far as is relevant for the present purposes, reads as follows: