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PUSHPENDRA SINGH BHATI
Mohan Das – Appellant
Versus
Legal Representative of Late Kewal Chand – Respondent
JUDGMENT :
(Pushpendra Singh Bhati, J.)
This writ petition has been preferred claiming the following reliefs:
a. That the impugned judgment dated 13.10.2022 passed by the learned Rent Appellate Tribunal, Pali (Raj.) in Rent Appeal no.4/2013 and the judgment dated 08.01.2013 passed by the learned Rent Control Tribunal, Pali (Raj.) in Rent Control Case no.18/2008 may kindly be declared illegal and set aside with all consequential benefits.
b. That in the alternative it is also prayed that, if during the pendency of this writ petition, the petitioner is dispossessed from the presmises in question, then his possession may kindly be restored back with all consequential benefits.
c. That any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be granted in favour of the petitioner."
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that one Sh. Kewal Chand (since deceased, now represented through LR - respondent no.1/1 herein) filed an application under Se
The main legal point established in the judgment is the significance of appearing before the tribunal and rebutting claims to contest eviction proceedings.
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
The relief sought by the petitioner, seeking right, title, or ownership over the property in question, cannot be decided by the Rent Tribunal in the pending application and separate proceedings are r....
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.
Appellate Rent Tribunal has allowed documents to be taken on record, while remanding matter back to learned Rent Tribunal.
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