NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Judgment reserved on : 28/03/2024 Judgment delivered on : 21/06/2024 FA No. 291 of 2015  Mahesh Kumar, S/o Shri Nichal Das Poptani, Aged About 52 Years, R/o Behind Khemka Hospital, Sai Nagar, Raipur Tahsil and District Raipur Chhattisgarh..........Plaintiff.

---- Appellant Versus  Shankar Lal Motwani, S/o Shri Khoobchand Motwani, Aged About

58 Years, Jai Baba Gift House, Zialal Market, Banjari Chowk, Raipur, Tahsil & District Raipur Chhattisgarh.......Defendant.

---- Respondent For Appellant : Mr. N. Naha Roy, Advocate.

For Respondent : Mr. Sunil Otwani, Advocate along with Mr. Shobhit Koshta, Advocate.

Hon'ble Smt. Justice Rajani Dubey CAV Judgment

1. The appellant/plaintiff has preferred the instant appeal challenging the judgment dated 20.08.2015 passed by the IX Additional District Judge, Raipur (C.G.) in Civil Suit No. 26-A/2012 (Annexure A/1), whereby the civil suit filed by him for eviction and payment of arrears of rent as also compensation for illegal occupation of the suit shop by the respondent/ defendant has been dismissed.

2. Brief facts of the case are that the appellant/plaintiff filed a civil suit on 22.02.2010 before the Court of learned 7^th Additional District Judge, Raipur (C.G.) bearing Civil Suit No. 26-A/2012 for eviction of the respondent/defendant from his shop bearing Shop No. 31 situated at 1^st Floor, Novelty Market, Banjari Chowk, Sadar Bazar Ward No. 39, arrears of rent to the tune of Rs. 31,440/- and compensation to the tune of Rs. 15,720/- till the date of filing of the suit and Rs. 150/- per day from the date of institution of suit to grant of possession of the suit property, as also the electricity charges. In the civil suit, the appellant/plaintiff pleaded specifically that he was owner of the suit shop and the respondent/defendant was his tenant. The suit property was taken by the respondent/defendant on rent for a sum of Rs.2,620/- per month, which was supposed to be paid to the appellant/plaintiff in advance, by 10^th day of every month. However, the respondent/defendant failed to pay the rent in time and the arrears of rent were due on his part since August 2008. Thereafter, the respondent/defendant was asked to deposit the arrears of rent by the appellant/plaintiff through a registered legal notice dated 18.05.2009 (Ex. P/3) which was refused from being taken by the respondent/defendant on 22.05.2009 and to substantiate the same, the copies of postal receipt (Ex. P/4) and envelope (Ex. P/5) bearing remark of 'refusal’ were brought on record. As the respondent/defendant failed to pay the rent, therefore, he became clearly liable for eviction under section 12(1)(a) of the CG Accommodation Control Act, 1961 (in short, "Act of 1961"). Through the legal notice (Ex. P/3), the tenancy was put to an end on 31.07.2009 and the respondent/defendant became trespasser as rent or electricity charges was paid by him. As such, the appellant/plaintiff became entitled to receive an amount of Rs. 31,440/- as rent at the rate of Rs. 2,620/- for a period from 01.08.2008 to 31.07.2009 and Rs. 150/-per day till vacating the suit shop since 01.08.2009 for the occupation having become unauthorized completely.

3. The respondent/defendant denying the possession of the suit property on rental basis filed a written statement and stated that his son namely Hoshang Motwani was in possession of the suit shop out of an agreement to sale dated 05.10.2005 (Ex. D/1)

executed between the appellant/plaintiff and his son, out of which the suit shop was to be sold by the appellant/plaintiff in lieu of payment of Rs. 3,05,000/-, out of which Rs. 51,000/- had been paid by son of the respondent/defendant to the appellant/plaintiff.

4. Learned trial Court after examining the witnesses and considering the documents produced on record was not satisfied with the version of the appellant/plaintiff and dismissed the civil suit.

Hence, this appeal has been filed by the appellant/plaintiff.

5. Learned couns