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2018 Supreme(Chh) 640

THOTTATHIL B.RADHAKRISHNAN, SHARAD KUMAR GUPTA
BENLAL SUKHRU PRASAD TAMRKAR – Appellant
Versus
CHHATTISGARH RENT CONTROL AUTHORITY, BEMETARA – Respondent


JUDGMENT :

Sharad Kumar Gupta, J.

In this writ petition, the challenge levied is to the order dated 06.11.2017 passed by the Chhattisgarh Rent Control Tribunal, Raipur; for short Tribunal-, in Appeal No. 40A/2017 vide Annexure P/1 whereby and whereunder he confirmed the order dated 22.06.2017 passed by the Rent Controller, Bemetara in Case No. 01/A-90(7)/2016-2017 vide Annexure P/2, whereby and whereunder he rejected the eviction application filed by the Petitioner-Benlal Tamrkar.

2. This is admitted by respondent Nos. 2 & 3 that they are running the business in the disputed shops. Raj Kumar is the son of Guru Dayal Singh Saluja.

3. In brief, the petitioner's case is that he had purchased the disputed shops from Raj Kumar Saluja by registered sale deed dated 22.04.2004. The respondents No. 2 and 3 are tenants. The rent of each shop is Rs. 1000/- per month. The respondents are defaulters in payment of rent. The disputed shops are required for his own occupation and occupation of his adult sons.

4. In brief, the case of respondent Nos. 2 and 3 is that father of the petitioner and respondent No. 2 are real brothers. The father of the petitioner had given the disputed shop to respondent No.


































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