2025:CGHC:59227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET SAHU Date: 2025.12.11 11:05:39 +0530 FA No. 170 of 2013

1 - Girdhari S/o Tekchand Aged About 54 Years R/o Vicky General Stores, Shanichari Bazar, Bilaspur, Tah. And Distt. Bilaspur, P.S. Sarkanda, Distt.

Bilaspur, Chhattisgarh.

... Appellant versus

1 - Smt. Usha Khandelwal W/o D.B. Khandelwal Aged About 60 Years R/o L-

3/21, D.L.F. Phase-2, Gudgaon Hariyana, Haryana.

2 - Sudhir Khandelwal S/o Vishnu Swaroop Gupta R/o Gondpara, Tahsil and District, Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh.

3 - Radha Kishan S/o Bhag Chand, Aged About 47 Years, R/o Vicky General Stores, Shanichari Bazar, Bilaspur, Tahsil and District Bilaspur, Chhattisgarh ... Respondent(s)

For Appellant : Shri Amit Soni, Advocate.

For Respondents : None, though served. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

05.12 . 202 5

1. The present First Appeal under Section 96 of The Code of Civil Procedure, 1908 has been filed by the appellant/defendant No.1 against the judgment and decree dated 14.03.2013 passed by the Ist Additional District Judge, Bilaspur, in Civil Suit No.10-A/2010 whereby the civil suit filed by the plaintiff for eviction of defendants from the suit premises and for recovery of arrears of rent has been decreed in favour of the plaintiff.

2. The plaintiff filed a civil suit on 09.11.2004 with the pleading that the suit house situated at village Chaatidih, PH No.109, Tehshil and District Bilaspur over the land Khasra No.301/15, area 0.05 Acre was obtained by the plaintiff from her father. The defendant No.1&2 obtained the suit house on rent from her father in the year, 1986 at the monthly rent of Rs.2200/-. The father of plaintiff died on 25.12.2001. The defendant No.1&2 paid the rent of suit house from July 2001 to November, 2001 through cheque on 24.12.2001. Thereafter, on the instructions of plaintiff, they deposited the property tax of suit house to the Municipal Corporation, Bilaspur in April, 2002 and gave a receipt of Rs.4424/- which was adjusted in the rent of the month of December, 2001 and January, 2002. Thereafter, the defendant No.1&2 stopped paying rent of the suit house and entered into a sub tenancy to the defendant No.3. The plaintiff served a legal demand notice on 20.07.2004 with respect to arrears of rent and terminated tenancy from 31.07.2004 and asked to hand over the vacant possession of suit house. In reply to the legal notice, the defendant No.1&2 replied that they have handed over the vacant possession of the suit house to defendant No.3 and thus the suit has been filed by the plaintiff against the defendants.

3. The defendant No.1&2 contested the claim of the plaintiff, denied the plaint averment and filed their written statement with the pleading that the suit house is situated at Khasra No.301/15 whereas in the notice it was mentioned as Khasra No.301/9. The defendant No.3 is adopted son of late Ramnath. The suit house was given on rent to the brother of defendant No.1 namely Govind Ram by late Ramnath and defendant No.3 in the year 1983 and they continued in tenancy since then.

Govind Ram died in the year, 1996 and thereafter on the instance of late Ramnath and defendant No.3, the rent was enhanced and defendant No.1 remain in occupation of the suit house up to January, 2002 and thereafter he handed over the vacant possession of the suit house to defendant No.3. The defendant No.1&2 were never the tenant of plaintiff and there was no relationship of landlord tenant between them. There is no arrears of rent against them and the suit is liable to be dismissed.

4. The defendant No.3 also contested the claim of the plaintiff, filed their written statement and submitted that the suit house is owned by his son Shantanu Khandelwalf which he obtained through a will deed dated 07.06.1999 executed by late Ramnath. The plaintiff filed an application for mutation of suit house in her own name on 20.03.2003. In that proceeding, the will