Order on Board

Per Parth Prateem Sahu, J

1. This writ petition is preferred by petitioner challenging the order of the Chhattisgarh Rent Control Tribunal, Raipur dated 19.11.2025 by which appeal preferred by petitioner herein has been dismissed and the order dated 02.01.2025 passed by the court of Rent Control Authority, District Dhamtari directing eviction of petitioners from the suit accommodation and to pay arrears of rent, has been affirmed.

2. Facts of the case, in nutshell, are that respondents had filed an application under Section 12 of the Chhattisgarh Rent Control Act, 2011 (for short ‘the Act of 2011’) before the Rent Control Authority, District Dhamtari seeking eviction of petitioner herein from double storied building situated at Makai Chowk, Dhamtari (for short ‘the premises’), projecting the grounds of bona fide need of suit accommodation for themselves as they want to start their own business and violation of the terms and conditions of tenancy as the petitioner had sub-letted tenanted premises without consent of the respondents; tenancy of suit premises has come to an end on 28.02.2023 and despite service of notice seeking vacant possession of the premises, petitioner neither replied the notice nor vacated the premises. Hence, the respondents are entitled for vacant possession of the suit premises. Said application came to be registered as Case bearing No.202306132800001/a-9 (1) Year 2022-23.

3. Petitioner-tenant filed reply to eviction application and denied landlord-tenant relationship. It was pleaded that by entering into a verbal agreement to sell, the premises in which petitioner is running the business, has been agreed to be sold by the respondents-landlord for consideration of Rs.30,00,000/- and obtained an advance of Rs.5,00,000/-, hence, petitioner is not a tenant. Since, the petitioner was going to purchase the premises and it was in a dilapidated condition, he with the consent of respondents made repairs by spending Rs. 58,00,000/-. It was further pleaded that instead of selling the premises to petitioner, the respondents wanted to grab the premises and quarrelling for their eviction regarding which petitioner has lodged report in concerned police based on which FIR was registered. It was further pleaded that petitioner has not sub-letted the premises. Eviction application is filed based on fabricated documents. It was also pleaded that the person presently running the business from the premises has not been impleaded as a party to the proceeding.

4. After recording the evidence and hearing learned counsel for respective parties, learned Rent Controlling Authority Dhamtari vide order dated 02.01.2025 allowed the eviction application of respondents with a finding that there exists a relationship of landlord and tenant between the parties; petitioner tenant has sub-letted the premises without the consent of respondents and therefore, respondents are entitled for to an order for ejectment of petitioner from the premises. Aggrieved by the same, the petitioner preferred an appeal which has been dismissed by the Rent Control Tribunal Raipur by the order impugned. Aggrieved by the same, this writ petition has been preferred.

5. Learned counsel for petitioner submits that the order of eviction by the Rent Controlling Authority was passed mechanically, arbitrarily and without application of mind. He submits that during pendency of appeal against the order dated 5.8.2024 rejecting application filed by petitioner under Section 8 (1) (a) of the CPC as also an appeal filed against the order dated 5.9.2024 rejecting petitioner’s application filed under Order 17 Rule 1 CPC, and therefore, the Rent Control Authority should not have decided the original case till decision on aforementioned appeals. However, the Rent Control Authority during pendency of appeals, passed the order of eviction and thereby followed the procedure which is not known to law. He further submits that the Rent Control Author