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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY AGRAWAL, AMITENDRA KISHORE PRASAD
Gulabchandra Samual S/o Shri Samual Joseph – Appellant
Versus
Manish Sharma (Dead) Through Jyoti Sharma W/o Late Manish Sharma – Respondent
| Table of Content |
|---|
| 1. challenge to eviction procedural rights. (Para 1 , 2 , 3) |
| 2. petitioner argues for impleadment due to will. (Para 4 , 5) |
| 3. court's restriction to eviction and landlord-tenant relationship. (Para 6 , 7 , 8) |
| 4. (Para 9 , 10 , 11) |
| 5. limited adjudication scope in eviction suits. (Para 12 , 13 , 14) |
| 6. petition dismissed for lack of merit. (Para 15 , 16 , 17) |
ORDER :
Amitendra Kishore Prasad, J .
1. By way of this petition, the petitioner/tenant seeks to challenge the order dated 8.1.2026 (Annexure P/1) passed by the Chhattisgarh Rent Control Tribunal, Raipur in Miscellaneous Appeal No.20/2025. The petitioner further seeks the allowance of his application under Order 1 Rule 10 of the CPC, whereby he has sought leave to implead the legatees/beneficiaries of the ‘Will’ dated 12.8.1997 as necessary and proper parties.
2. The petitioner has prayed for the following reliefs in the petition :
“(i) That this Hon'ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner from the possession of the Courts below for its kind perusal.
(ii) That this Hon'ble Court may kindly be pleased to set aside/quash the impugned order dated 8.1.2026 (Annexur
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
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.
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 ....
In eviction proceedings, the question of title is irrelevant; only the landlord-tenant relationship and grounds for eviction matter.
Section 25 empowers the Rent Controller to summon and enforce the attendance of witnesses and to compel the production of evidence as the Court is empowered under CPC.
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 ....
The judgment establishes the principle that in statutory proceedings, the Authorities can incidentally go into the question of title to determine the proceedings before them, but the question of titl....
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