(Cause-title taken from the Case Information System)

CAV Order

Per, Amitendra Kishore Prasad, J.

1. By way of the present petition, the petitioner challenges the impugned order passed by the learned Rent Control Tribunal, Raipur, whereby despite affirming the findings of the Rent Controlling Authority on merits, the eviction decree has been set aside on a suo motu technical ground of defective verification of the application, which is a curable and directory defect, without affording any opportunity to the petitioner, rendering the impugned order illegal and unsustainable in law.

2. Subject matter in brief is that the petitioner is the lawful owner and title-holder of the suit shop, which had been let out to the respondents/tenants. Owing to bona fide requirements and other valid grounds, the petitioner filed an eviction application on 29.09.2018 before the learned Rent Controlling Authority, Bilaspur. The learned Rent Controlling Authority, after affording due opportunity to both parties and upon proper appreciation of pleadings and evidence on record, allowed the application and passed a decree of eviction against the respondents/tenants. Aggrieved by the said order, the respondents preferred an appeal before the learned Rent Control Tribunal, Raipur. The learned Tribunal, upon consideration, affirmed the findings recorded by the Rent Controlling Authority on all material issues. However, instead of dismissing the appeal, the learned Tribunal allowed the same on a suo motu ground that the eviction application was not verified in accordance with the provisions of the Chhattisgarh Rent Control Adaptation Rules, 2016. It is submitted that the said ground was neither raised by the respondents at any stage nor was any opportunity granted to the petitioner to cure the alleged defect of verification. The learned Tribunal, thus, erred in law in setting aside the well-reasoned eviction order on a purely technical ground. It is further submitted that the requirement of verification of pleadings is directory in nature and not mandatory, and any defect therein is curable. The impugned order, therefore, suffers from patent illegality, arbitrariness, and violation of principles of natural justice. By way of the present petition, the petitioner is challenging the impugned order passed by the learned Rent Control Tribunal, Raipur, whereby despite affirming the findings on merits, the eviction decree has been set aside on an unsustainable and technical ground.

3. The petitioner has prayed for following reliefs in the present writ petition:-

“10:1. that, the Hon'ble Court may kindly be pleased to set aside the finding given in paragraph 11 of the judgment/order impugned of the Chhattisgarh Rent Control Tribunal, Raipur passed in AppealNo. 40-A/2024 on 20.3.2025 in case of Smt. Leela Devi & another v. Dr. Manmohan Albert Dass (Ann. P/6). Further, may kindly affirm the judgment/order of eviction passed by the Rent Controller, Bilaspur, passed on 26.6.2024 in Case No. 10-A- 90(7)/2018-19 in case of Dr. Manmohan Albert Dass versus Smt. Leela Devi & another (Ann. P/4).

10:2. that, the Court may pleased to grant any relief as thinks and proper in the interest of justice.

10:3. that, kindly call for the records of both the Courts below for right decision of this case as this Hon'ble Court may thinks proper.”

4. Facts of the case, in a nutshell, are that the petitioner is the landlord, title-holder and owner of the tenanted shop, whereas the respondents are tenants thereof. The petitioner, through counsel, served a legal notice dated 23.03.2018 under Serial No. 11(h) of Schedule-II read with Section 12(2) of the Chhattisgarh Rent Control Act, 2011 (hereinafter referred to as “the Act”). Upon expiry of the statutory period of six months, the petitioner filed an eviction application on 29.09.2018 along with a supporting affidavit before the learned Rent Controlling Authority, Bilaspur. The said application was duly registered, notices were issued and s