RAMCHANDRA Vs. LAKSHMI NARAIN

JUDGEMENT

(1.) THIS is a second appeal in proceedings relating to ejectment of a tenant under the Matsya Premises (Rent Control) Ordinance, 1948.

(2.) THE relevant provisions of the Matsya Ordinance are secs. 8, 9, 10, 11 and 12, which are as follows: - "(8) No tenant shall be liable to be evicted except in the following circumstances: - (i) he fails to pay the rent for 3 months, (ii) uses the permises or damages the property so as permanently to deteriorate its value; (iii) commits a breach of any of the conditions of the lease, in case the lease was in writing ; (iv) when the landlord proves to the satisfaction of the Controller that the house is, for sufficient reasons, needed by him for his own occupation and use ; Provided that if a tenant is evicted under sub-sec. (iv) the landlord shall not relet the premises for one year next after the eviction of the tenant. (9) In the event of a dispute regarding eviction any party may make an application to the Controller who will, after enquiry, pass an order regarding the liability of the tenant to eviction. (10) Any person aggrieved by an order of the Controller may within one month from the date of the communication of order, present an appeal in writing to such Officer as the Government of the United State may appoint. THE decision of such officer, and subject to such a decision, the order of the Controller shall be final. (11) When a decision has been given under this Ordinance that a tenant is not liable to eviction, no civil suit shall lie and such order shall be final. Where however it is decided that a tenant is not entitled to protection under this Ordinance, the order shall be final and shall be executed by such Civil Court as may be specified in this behalf by the District Judge, as if it were a decree of that Court, (12) No civil suit shall lie with regard to any matter covered by this Ordinance."