MOHANLAL AGARWALLA Vs. BIDYADHAR PURUSETH AND ORS.

JUDGEMENT

(1.) THIS is a tenant's application for certiorari directed against the affirming appellate order under the Orissa House Rent Control Act (hereinafter referred to as the 'Act') directing his eviction from a house located within the town of Sambalpur.

(2.) ON 23 -2 -1969, the application for eviction was made to the House Rent Controller under Section 7(2) of the Act on grounds of subletting and default in the matter of payment of rent. On behalf of the tenant -Petitioner it was pleaded that the rent for the month of September, 1963 had been offered in the first week of October, but it was not accepted by the landlord. Therefore, it had been remitted by money order in course of November. It was also pleaded that the rent used to be collected once in two or three months and the mode of receiving rent for more than one month at a time had become the accepted practice and could be taken as an implied contract regarding the mode of payment. The tenant denied that he incurred the liability of eviction on account of subletting

(3.) MR . Mohanty for the Petitioner raises the following contentions: