RAGHABA CHANDRA Vs. BIPIN BEHARI

JUDGEMENT

(1.) This writ application arising out of an eviction proceeding has been referred to a larger Bench for examining the correctness of the Full Bench decision of this Court in H. Mohammad Sikandar v. Badrunissa Bibi (1975) 41 Cut LT 460 and to reconcile the observations made in some decisions.

(2.) The core question for consideration is, whether a landlord can secure eviction of his tenant from a building in order to demolish the same. It would be better to split up the question into the following three parts so that it may be answered in a comprehensive manner : - (1) when the building has become dilapidated and dangerous for occupation. (2) when the landlord desires to construct altogether a new building for personal occupation according to his own requirement, and (3) when he wants to demolish otherwise.

(3.) A proceeding for eviction of the present petitioner was initiated under Section 7 of the Orissa House Rent Control Act, 1967 (for short, 'the Act') in the year 1976 before the House Rent Controller, Jaipur, from the premises bearing Municipal Holding No. 29(A) in Ward No. III of the Jajpur Municipality on the following allegations : -