AMITA DEY Vs. CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) THE unsuccessful landlords aggrieved by the reversal order in House Rent Appeal No. 1 of 1991 by the Chief Judicial Magistrate, Balasore dismissing the petition for eviction of the opposite party -tenants, have approached this Court. During pendency of the appeal, the original tenant Sk. Anwar Alli having died, his L.Rs. (hereinafter referred to as the 'tenants') have been substituted.

(2.) LANDLORD case is that the disputed premises happens to be a shop room bearing Municipal Holding No. 475 -A in, Ward No. 9 and was let out to opposite -party tenants on a monthly rent basis. The rent was Rs. 8/ - per month. Subsequently rent was enhanced to Rs. 45/ - per month. The original tenant started defaulting payment of rent for which the proceeding under the Orissa House Rent Control Act was initiated.

(3.) THE House Rent Controller on considering the evidence adduced by the parties held that the opposite party -tenants were wilful defaulters and that the landlord wanted the premises for his bona fide personal use and thus allowed the petition and passed the order of eviction. In the appeal filed by the tenant -opposite parties the lower appellate Court reversed the finding on both Counts and dismissed the landlords' petition. The said order is challenged before this Court.