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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Shrawan Kumar Saraf, S/o. Late Shri Baijnath Saraf – Appellant
Versus
Ravikant Mishra, S/o. Late Shri Krishnabihari Mishra – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. Heard.
2. The instant petition is directed against the order of the Rent Control Tribunal, Raipur dated 19.1.2017 passed in Appeal No.33-A/2016, whereby, the order of eviction has been passed against the petitioner from the subject suit premises, which is a shop situated at Sadar Bazar, Bilaspur. The petition is filed by the tenant.
3. The background of the facts is that a shop was taken on rent 42 years back from one Krishna Bihari Mishra and thereafter, the shop was being run under the name and style of 'M/s. Maa Sheetla Jewellers'. After the death of Krishna Bihari Mishra, respondent Ravikant Mishra and others stepped into his shoes and were receiving rent. Eventually, a notice dated 15.12.2014 was served to the tenant under the Chhattisgarh Rent Control Act, 2011 (in short “the Act, 2011”) and despite service of notice, since the tenant failed to vacate the premises within a period of 6 months, an application was filed before the Rent Controlling Authority for ejectment. Before the Rent Controlling Authority, the petitioner herein came with a reply that he has not defaulted any payment of rent and the intention of the landlord is to get the premises
The tenant's estoppel from denying the landlord's title under Section 116 of the Indian Evidence Act, 1872 and the permissibility of seeking eviction despite non-compliance with tenancy agreement and....
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
Section 25 empowers the Rent Controller to summon and enforce the attendance of witnesses and to compel the production of evidence as the Court is empowered under CPC.
As per the first proviso to Section 11(1), nothing contained in this Section shall apply to a tenant whose landlord is State Government or Central Government or other public authority notified under ....
The main legal point established in the judgment is that non-impleadment of other legal heirs is not necessary for eviction, and the recovery of rent is limited to three years prior to the filing of ....
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