Surya Narayan Nayak vs Orissa State Housing Board
2025 Latest Caselaw 6835 Ori

Orissa High Court

Surya Narayan Nayak vs Orissa State Housing Board on 8 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                           RSA No. 31 of 2024

            Surya Narayan Nayak                      .....                            Appellant

                                                                             Mr. A.P. Bose, Adv.
                                                     -Versus-
            Orissa State Housing Board,              .....                          Respondent
            BBSR


                                            CORAM:
                         THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                             ORDER

08.04.2025

Order No. 1. This matter is taken up through hybrid mode.

2. Heard Mr. A.P.Bose, learned counsel for the appellant.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"(i) Whether the learned Lower Appellate Court is correct in allowing RFA No.49/11 only on the ground that the plaintiff did not come to depose in the case as mandated under Section 114 (g) of the Evidence Act.

(ii) Whether the learned Lower Appellate Court was correct in holding that the suit is liable to be dismissed under Order 9 Rule 8 of CPC as the plaintiff did not lead any evidence.

(iii) Whether the learned lower Appellate court was correct holding that notice under Section 45 of the Housing Board Act, 1968 will override the provisions of Section 4 of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act 19672 for eviction?"

4. Issue notice to respondent by registered post, returnable Signature Notfour within Verified weeks. Requisites be filed within three working days. Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication

Date: 09-Apr-2025 15:14:24

5. Call for the LCR.

4. List this matter in the week commencing 28th July, 2025.

(Sashikanta Mishra) Judge

Order No. Status quo with regard to the suit property as on date shall be 02 maintained till the next date.

(Sashikanta Mishra) Judge A.K. Rana

Designation: Personal Assistant

Date: 09-Apr-2025 15:14:24