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GOUTAM BHADURI, N. K. CHANDRAVANSHI
Vinay Verma S/o. Shri Dhannalal Verma – Appellant
Versus
Kamlesh Tiwari S/o. Late Laxmi Narayan Tiwari – Respondent
ORDER :
Goutam Bhaduri, J.
Heard.
1. Instant petition is against the order dated 28/09/2022 passed by the Chhattisgarh Rent Control Tribunal, Raipur (henceforth 'the Tribunal'). By such order, the Tribunal has affirmed the eviction order dated 4/03/2021 passed by learned Rent Control Authority.
2. The respondent Kamlesh Tiwari filed an application invoking the provisions of Chhattisgarh Rent Control Act, 2011 (henceforth 'the Act of 2011') seeking ejectment on a ground enumerated in Schedule 2 of Section 12(2) of Sr. No.11(a) and (h). The respondent contended that the tenant is habitual defaulter of payment of rent and further has not vacated the premises despite service of notice of a specified period of six months. The Rent Controlling Authority passed an order of ejectment which was affirmed in appeal by the Tribunal. Hence this petition.
3. Learned counsel for the petitioner/tenant Ms. Sharmila Singhai, Sr. Advocate assisted by Shri Avinash Chand Sahu, Advocate would submit that admittedly on the basis of a rent agreement initially executed on 4/09/2006, the petitioner was inducted as a tenant which was for three years which came to an end on 3rd September, 2009. It is stated subseq
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.
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....
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 ....
A tenant's purchase of an undivided share does not extinguish the landlord-tenant relationship, allowing eviction proceedings to continue.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
A landlord under the East Punjab Urban Rent Restrictions Act can seek eviction for non-payment of rent and bonafide necessity, regardless of ownership status, as long as the landlord-tenant relations....
The sale agreement can extinguish the landlord-tenant relationship, as evidenced by substantial payment and conduct of the parties.
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