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SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Natthuram Agrawal, S/o. Late Kedarnath Agrawal – Appellant
Versus
Prahlad Rai Agrawal, S/o. Late Umraomal Agrawal – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. This writ petition under Article 226/227 of the Constitution of India at the instance of the petitioners herein / landlords is directed against the impugned order dated 16-1-2023 passed by the Chhattisgarh Rent Control Tribunal, Raipur in Appeal No.33 A/2022, by which the learned Tribunal has allowed the appeal preferred by the tenant / respondent herein and set aside the order of eviction passed by the Rent Controller in favour of the petitioners herein / landlords holding that relationship of landlord & tenant between the petitioners & the respondent has not been established and other heirs of Govind Agrawal have not been impleaded as party non-applicants in the eviction proceeding before the Rent Controller.
Brief Facts: -
2. The petitioners herein namely, Natthuram Agrawal & Pawan Agrawal, S/o Late Govind Agrawal, jointly filed an application under Section 12(2) read with Schedule 2 of the Chhattisgarh Rent Control Act, 2011 (for short, ‘the Act of 2011’) against respondent herein Dr. Prahlad Rai Agrawal seeking his eviction and arrears of rent pleading inter alia that suit shop situate at Khasra No.1061/2, area 0.06 acre, was let out by father of p
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 ....
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.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
The central legal point established in the judgment is the interpretation and application of the Delhi Rent Control Act, 1968, specifically Section 14(1)(a) and (j) to determine the existence of the ....
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