SATYABHAMA MISHRA ALIAS GOLAP Vs. HARI PRASAD SANTUKA

JUDGEMENT

(1.) THE present writ applications have been filed on behalf of the tenants challenging the legality of the order of eviction passed by the appellate authority in appeal.

(2.) THE disputed premises belonged to Jayanarayan, who had inducted Lingaraj Nanda, Proprietor of Annapurna Theatre 'B' Group. Subsequently, after the death of Jayanarayan, his three sons, Bisweswar Lai, Kedarnath and Ramanandalal instituted eviction proceeding under the Orissa House Rent Control Act, 1967, which was numbered as M.R.C. Case No. 111/70. They sought for eviction on the ground of wilful default in payment of rent, their bona fide requirement for personal use and occupation and further on the ground that the tenants had sublet the disputed house to other persons.

(3.) COMING to the question of bona fide requirement, it appears that the original landlords had pleaded that they required the disputed premises for carrying on and expanding their business as they required more space for expansion of their business and also for their residential accommodations. It had also been pleaded that they had a shop in a rented house belonging to another person who was trying to evict them. Similarly, the landlord in respect of another shop occupied by them on rental basis had obtained order of eviction against them. It had been indicated that the family members of the three branches had grown in size and their residential accommodation was also insufficient and as such they required the disputed premises as well as the vacant space attached to it for construction of their residential houses after demolishing the existing old and dilapidated structure.