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2023 Supreme(Chh) 49

GOUTAM BHADURI, N. K. CHANDRAVANSHI
Praveen Kumar Jain S/o Late Shri Kastur Chand Jain – Appellant
Versus
Hari Lal Yadav S/o Late Shri Ramdhari Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Priyanka Rai, Advocate
For the Respondent:Mr. Akhtar Hussain, Advocate

ORDER :

Goutam Bhaduri, J.

1. Heard.

2. By way of instant petition, the order dated 06.5.2022 passed by the Rent Control Tribunal, Raipur is under challenge whereby the Tribunal has affirmed the order passed by the Rent Control Authority, Manendragarh on 08.2.2021.

3. The present petition is by the landlord against the dismissal of application for eviction against the respondent/tenant.

4. The brief facts of this case are that the petitioner Praveen Kumar Jain had filed an eviction petition against respondent Hari Lal Yadav stating that father of Hari Lal Yadav was the tenant of the subject suit premises and was carrying on a business of Hotel. After death of Ramdhari Yadav, the father of respondent, the respondent became the tenant and for last two year, the premises was placed under a lock. It was further stated that respondent has not paid the rent from 30.12.2000. The petitioner, landlord further pleaded that a notice dated 03.2.2016 was served to the tenant under the Chhattisgarh Rent Control Act, 2011 (for short 'the Act, 2011') claiming vacant possession of the subject suit premises, but, instead of vacating the said premises, it is stated that the tenant/respondent raised the pl

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