JUDGMENT : S.C. Mohapatra, J. - In this writ application under Article 226 of the Constitution of India, appellate order under the Orissa House Rent Control Act is assailed by the landlords. 2. There is no dispute that there is relationship between the landlord and tenant and that there was arrear of rent. It is also not disputed that Petitioners obtained a decree in respect of some arrear rent. 3. After obtaining the decree Petitioners filed an application u/s 7 of the Act for eviction of the tenant (opposite party) on grounds of bona fide requirement and wilful default to pay the rent. House Rent Controller did not accept the plea of bona fide requirement but directed eviction on the finding of wilful default. In appeal by the tenant, order of eviction has been set aside on the finding that the default was not wilful. 4. Once there is finding that the tenant under the Act has defaulted to pay the rent, statutory authorities are required to call upon the tenant to clear up the entire arrears within 15 days failing which to direct eviction of the tenant. Appellate authority having failed to give such a direction, appellate order is liable to be quashed on this short ground on an error of law on the face of the record. 5. Appellate order suffers from error of law in appreciating evidence which is unreasonable on the face of it. Case of the tenant is that he offered the rent which was not accepted by the Petitioners on the ground that they have inter se dispute with regard to allotment of the house. No clear evidence has been laid as to when the rent was offered and to whom. There is no material if all the Petitioners refused simultaneously or differently. Explanation of the tenant is not acceptable on the ground that while showing cause, he did not offer to pay the entire dues. Filing of the money suit prior to the initiation of the eviction proceeding under the Act is also another circumstance to accept the explanation of the tenant. Accordingly, appellate order cannot be sustained which is liable to be quashed. As a result, order of eviction by the House Rent Controller is maintained. 6. Mr. Filing of the money suit prior to the initiation of the eviction proceeding under the Act is also another circumstance to accept the explanation of the tenant. Accordingly, appellate order cannot be sustained which is liable to be quashed. As a result, order of eviction by the House Rent Controller is maintained. 6. Mr. K.N. Jena, learned Counsel for the tenant opposite party brought to our notice that the tenant is Occupying the house since long and is an old man. Keeping the same in mind, we are inclined to direct that when an execution case for eviction is filed, tenant on receipt of notice shall file a written undertaking before the executing Court that he shall hand over vacant possession of the house to the decree-holder at any of them on or before 31st December, 1990 and shall pay the rent regularly including payment of the arrears if any till that date. On such an undertaking being given, tenant shall not be evicted till end of 31st December, 1990 to enable him to find out alternate accommodation. 7. Subject to the aforesaid direction, writ application is allowed. Annexure-2 is quashed and Annexure-1 is restored. There shall be no order as to costs. A. Pasayat, J. 8. I agree. 9. Application allowed. Final Result : Allowed