MONINGI SRIRAMULU Vs. GUDISHA TRINATH RAO

JUDGEMENT

(1.) This application by the tenant is for quashing the order dated 4-2-1987 passed by the House Rent Controller under S.7(3) of the Orissa House Rent Control Act directing him to clear up entire arrears from Nov. 1983 to 8-1-1987 by 17-2-1987.

(2.) The question that has been referred for consideration of the larger Bench is as to whether the House Rent Controller under S.7(3) of the Act can direct a tenant for remitting the arrears of rent falling due subsequent to the filing of the eviction application.

(3.) The eviction application in question was filed before the House Rent Controller on 11-1-1984 for the petitioner's eviction, inter alia, alleging that the tenant was a defaulter having not paid the rent since Nov. 1983. The case of the petitioner in his written statement in this regard is that since the landlord refused to receive the rents for the months of Nov. and Dec. 1983 and January, 1984 intentionally when it was sent by money order, he had been depositing the rents in a Savings Bank account and thus he was not a defaulter.