AIR 1953 ORISSA 246

Orissa High Court

Hon'ble Judge(s): Panigrahi , C.J. AND Narasimham , J

(A) Orissa House Rent Control Act (5 of 1947) , S.5(a) 2nd Proviso— Houses and Rents - Applicability to suit for ejectment based on valid notice to quit for non-payment of rent. Where a suit for eviction of a tenant though based on a valid notice to quit as provided in T.P. Act, is itself due to the @page-Ori247 failure of the tenant to pay rent, the special protection from eviction conferred by S.5 (A), Orissa House Rent Control Act, does not apply and there is no need for the landlord to obtain an exemption order under the second proviso to that section. Further, S.5(a) does not confer any additional right on a landlord to evict a tenant for mere non-payment of rent or breach of the conditions of the tenancy. The landlord's right in this respect continues to be regulated by the relevant provisions of the T.P. Act. (Observation to the contrary in AIR 1950 Orissa 1, Not approved).(Para 7) (B) Orissa House Rent Control Act (5 of 1947) , Preamble— Houses and Rents - Object of the Act. The preamble to the Orissa House Rent Control Act says that the main object of the Act was to prevent unreasonable eviction of tenants. It was not the object of the Act to confer additional right on the landlord to evic....