BAIDYANATH SHARMA Vs. SABITRIBALA MITRA AND ORS.

JUDGEMENT

(1.) THE Appellant is the judgment -debtor and the Respondents are decree -holders. The decree -holders obtained an order for eviction of the Appellant under Section 7(2) of the Orissa House Rent Control Act (Orissa Act XXXI of 1958) (hereinafter referred to as the 1958 Act). The order was put into execution in the Court of the Munsif under Section 13 of the same Act. An objection was raised that an order under Section 7(2) of the 1958 Act was not executable under Section 13. The objection was over -ruled by the two Courts below. Against that order the judgment -debtor has filed this Miscellaneous Appeal under Section 47 Code of Civil Procedure.

(2.) MR . G.B. Mohanty raises the identical contention here that an order under Section 7(2) of the 1958 Act is not executable before the Munsif under Section 13 of the same Act. Section 7 lays down the conditions under which a tenant can be ejected. The section has been divided into two Sub -sections. Under Sub -section (1) a number of conditions have been enumerated under which a tenant can be evicted. Section 7(2) of the 1958 Act runs thus:

(3.) ON the view already expressed by me, the judgments of the Courts below cannot be supported, and the appeal must be allowed.