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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Vijay Kumar Gupta, S/o Late Shri Laxmi Prasad Gupta – Appellant
Versus
Kheermati Choudhary, W/o Shri Jeedhan Lal Choudhary – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. Since common question of fact and law is involved in all these writ petitions, they have been clubbed together, heard together and are being disposed of by this common order.
2. Jeedhanlal and his wife Kheermati filed two separate applications before the Rent Controller/Sub-Divisional Officer (Revenue), Dabhra for grant of eviction under Section 9 of the Chhattisgarh Rent Control Act, 2011 (for short, ‘the Act of 2011’) which was ultimately considered and granted by the said authority on 24-4-2023 and when two appeals being Appeal Nos.31A/2023 & 32A/2023 were preferred by common tenant Vijay Kumar Gupta, the Chhattisgarh Rent Control Tribunal, Raipur, by orders dated 17-7-2023 dismissed both the appeals holding that Rent Controller was appointed by the State Government in exercise of power conferred by sub-section (1) of Section 7 of the Act of 2011 only by notification dated 6-11-2012, which was notified in the Official Gazette on 14-9-2022, therefore, the date on which these applications were preferred before the Rent Controller on 28-8-2022, the
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.
The appellate authority cannot contravene established grounds for eviction determined by the Rent Controller, especially when one ground is sufficient for eviction.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
Consistency in legal arguments is crucial; a tenant cannot change positions contrary to previous admissions in ongoing litigation regarding eviction rights under local law.
Rent Controllers under the Rent Control Act are persona designata, not civil courts. The Code of Civil Procedure is not applicable in its entirety; only specific provisions and principles expressly i....
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