AIR 1985 ORISSA 187 ::(1985) 1 RenCJ 156 ::(1985) 59 Cut LT 407 ::(1984) 2 RenCJ 654

Orissa High Court

Hon'ble Judge(s): B. K. Behera, K. P. Mohapatra , JJ

(A) Bihar and Orissa Estate Manual (1919) , Chap.1 R.20— Khasmahal land leased by @page-Ori188Govt. - Lessee's right in land is heritable and transferable with right of renewal - Lessee constructing house on land and letting it out - Application by lessee of his heir to eject tenant even after expiry of lease of Khasmahal land is maintainable - Govt. need not be made party. Orissa House Rent Control Act (4 of 1968) , S.7— The right of the lessee in the Khasmahal land leased by Govt. is heritable and transferable with right of renewal. The lessee's right in such land is in no way different from that which a person has in his private land. Therefore, the lessee can create permanent right of tenancy in his holding. Therefore, where the lessee constructed a house on such land and let it out, the application by the lessee or his heir to eject the tenant even after the expiry of the lease of the Khasmahal land is maintainable. It is not necessary to implead the Govt. as a party to the proceedings.(Para 6) (B) Constitution of India , Art.226— Orissa House Rent Control Act (4 of 1968) , S.7— Eviction order - Writ Petition challenging order - Objection not raised before appellate Court cannot be taken. In the writ petition filed by the ....