SAMANTA SRI RADHA PRASAN DAS Vs. NETRA BEHERA

JUDGEMENT

(1.) THIS is a Plaintiff's second appeal against the confirming judgments of the courts below arising out of a suit for ejectment of the tenant in occupation of a house in Balasore town and for arrears of rent. The courts below have granted relief to the Plaintiff regarding the prayer for rent. The appeal is not against that part of the decree by any of the parties. This appeal confines only to the prayer for ejectment which has been disallowed by the courts below. Several defence were taken against the prayer for ejectment. But the lower appellate court has come to the conclusion that the notice required under the Transfer of Property Act for eviction of a monthly tenant was a valid notice and was actually served. But nevertheless the courts below have come to the concurrent finding that as the Plaintiff does not require the house for his personal use, he is not entitled to evict the tenant in occupation as this is in accordance with the provisions of Section 5 of the Orissa House Rent Control Act, 1951.

(2.) AT the outset it is absolutely dear to me that the courts below have gone completely out of their jurisdiction in discussing the question whether the house was required for the personal use of the Plaintiff. It would be worthwhile to quote a few relevant provisions of the Act. Section 5 runs thus:

(3.) IN conclusion therefore, the decrees of the Courts below refusing to eject the Defendant are set aside and the Plaintiff's suit is decreed and the Second Appeal is allowed. Each party to bear his own costs through ant. The Defendant is to vacate by 31st. October 1958.