SOURI PRASAD SWAIN Vs. RANI JAYASHREE DEVI

JUDGEMENT

(1.) When this writ application was listed before a Division Bench, the correctness of certain observations made in three earlier Bench decisions of this Court was doubted, and accordingly it referred the matter to the Full Bench and that is how it has come before us.

(2.) In essence, the question falling for determination is the construction of clause (i) of Section 7(2) of the Orissa House Rent Control Act, 1967 (for short 'the Act') dealing with 'default' on the part of the tenant and the proviso thereto under which the House Rent Controller has to record a finding as to whether the default was 'wilful'.

(3.) Facts :- The tenant-petitioner is in occupation of a room in the building of opposite party No. 1. The tenancy has commenced on 1-4-1975 under a Written agreement on a monthly rent of Rs. 180/-. According to the terms of the agreement, the rent for each month was to be paid by the 5th. of that month itself. A fresh agreement was executed between the parties on 1-4-1977 (Ext.1) increasing the rent to Rs. 250/- per month, which was again increased in October, 1978 to Rs. 300/-. In the subsequent agreement (Ext.1) also, the stipulation regarding the date of payment of rent was the same, i.e., 'on or before the fifth day of every calendar month in advance'.