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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., BIBHU DATTA GURU
Halima Begam W/o Shri Rafiq Ahmad – Appellant
Versus
Rafiq Ahmad S/o Late Nazir Ahmad – Respondent
ORDER :
Bibhu Datta Guru, J.
1. Heard Mr. Manoj Paranjpe, Senior Advocate along with Mr. Arpan Verma, learned counsel for the petitioner. Also heard Ms. Aditi Singhvi, learned counsel for Respondent No. 1 and Mr. Ratnesh Kumar Agrawal, Counsel for Respondents No. 2 to 6.
2. The present writ petition has been filed by the petitioner with the following prayers:
“1. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions quashing the order passed by the Rent Control Tribunal dated 24.03.2023 passed in Appeal No. 35A/2022 and the Hon'ble Court may kindly be pleased to quash the order dated 24.05.2022 passed by the Rent Control Authority and the application preferred by the petitioner under Section 12(2) read with Schedule 2 of Chhattisgarh Rent Control Act, 2011 may kindly be allowed.
2. That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”
3. The aforesaid challenge has been made on the following factual backdrop :-
((a) The petitioner/ landlord instituted proceedings before the Rent Control Authority under Section 12(2), Schedule II 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.
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 ....
Tenancy and Land laws - Eviction - There is nothing that petitioners have been able to bring forth to indicate that finding has been arrived at by a misreading of facts or omitting relevant evidence ....
The court affirmed that the petitioner failed to establish a landlord-tenant relationship, leading to the dismissal of the writ petition.
The admission made by a tenant regarding the relationship of landlord and tenant is considered as the best evidence, and the question of title is beyond the jurisdiction of the Rent Controller.
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