C A V Order

Per Bibhu Datta Guru , J

1. By the present writ petition, the petitioner is questioning the order dated 10/11/2023 passed by the learned Rent Control Tribunal, Raipur (for short ‘the Tribunal’) in appeal No.11 A/2023, by which, the Tribunal has dismissed the appeal preferred by the petitioner which was filed to challeng the order dated 29/08/2022 passed by the Rent Control Authority (for short ‘the Authority’) in Case No.01/A-90(7)/2020-21 by which the Authority has directed the petitioner to pay to the respondent the outstanding rent amount of Rs.8,22,403/- and Rs.3,33,040/- towards the pending electricity bill.

2. (i) Facts of the case, in brief, are that the respondent herein and the applicant before the Rent Control Authority is having a shop constructed over the Khasra No.233 and 234 area of 730 Sp.ft. in Old High Court Road, Juna Bilaspur, which was taken by the petitioner/non-applicant on rent by executing a rent agreement dated 01/07/2016 in presence of two witnesses. The petitioner was not paying the rent regularly.

The respondent regularly maintained the record regarding the amount dues from the petitioner/tenant and as per the record in the year ending 31/03/2020, the amount of Rs. 7,42,573/- was remain outstanding from the tenant. The total amount dues till June 2020 was Rs. 8,22,403/-. At the same time, there was an outstanding of electricity bill amounting Rs.3,33,040/- which was remain unpaid by the tenant, which was also claimed, but the petitioner did not make payment of the said outstanding dues of rent as well as the electricity bill for which, the respondent/landlord herein filed an application before the Rent Control Authority under the Chhattisgarh Rent Control Act, 2011 seeking the vacant position of the shop, outstanding rent and electricity bill total amounting to Rs.12,51,613/-.

(ii) In the said proceeding, the petitioner submitted reply denying the claim of the respondent as false and concocted. In spite of receipt of the amount of rent, the respondent lodged the claim before the Rent Control Authority. The petitioner also questioned the rent agreement that it is not a registered document and there is no relation of landlord and tenant between the parties and there is no outstanding remain to be paid to the landlord and, as such, the claim of the respondent be rejected.

(iii) On the basis of the pleadings & evidences led by the parties and considering that the petitioner already vacated the shop in question, the Rent Control Authority, Bilaspur allowed the claim of the respondent and directed the petitioner herein/tenant to pay the outstanding rent of Rs.8,22,403/- and to make payment of outstanding electricity bill amounting to Rs.3,33,040/-. Being aggrieved by the said direction/order of Rent Control Authority dated 29/08/2022, the petitioner herein preferred an appeal before the Rent Control Appellate Tribunal, Raipur questioning the order of the Rent Control Authority which has also been dismissed by the Rent Control Appellate Tribunal vide impugned order which is under challenge dated 10/11/2023.

3. (a) Learned counsel appearing for the petitioner would submit that the rent agreement dated 01/07/2016 is a document which is not a registered document and there is no relation of landlord and tenant, hence, there is no question arises to make payment of outstanding rent and electricity bills. He would further submit that the agreement of lease is not registered as per Section 17(1)(d) of the Registration Act and the terms & conditions under the said agreement cannot be invoked for arrears of rent.

(b) The learned Rent Control Authority as well as the Rent Control Tribunal committed gross error by allowing the claim of the respondent on the basis of unstamped agreement dated 01/07/2016 which is contrary to law and entirely impermissible. Learned Rent Control Tribunal committed error in law by observing that the petitioner has not presented any proof to establish the fact that the rent was bein