The relationship of landlord and tenant was established, allowing eviction; however, recovery of arrears is limited to three years prior to the filing of the application under the Limitation Act.

on Board (09/04/2024) Sanjay K. Agrawal, J.

1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner herein / tenant calling in question the legality, validity and correctness of the impugned order dated 24-09-2021 passed by the Chhattisgarh Rent Control Tribunal, Raipur in Appeal No.08A/2021, by which learned Tribunal has rejected the appeal of petitioner/tenant and affirmed the order of eviction dated 22.02.2021 passed by the Rent Controller, Raipur in favour of the respondent herein / landlord holding that relationship of landlord and tenant between respondent and petitioner is established.

B rief Facts: -

2. The respondent herein namely Pitamber Kodwani filed an application under Section 12 of the Chhattisgarh Rent Control Act, 2011 (for short, ‘the Act of 2011’) against petitioner Yashodharam M. stating inter alia that he is the owner of the suit shop situated at Sant Kanwarram Chowk, Katoratalab, Raipur which was given to the petitioner on monthly rent of Rs.15,000/-, but the petitioner was not making regular payment of rent and ultimately he stopped paying rent since 05.04.2011. Therefore, on 22.09.2014, the respondent sent notice of eviction to the petitioner, but despite of the said notice, the petitioner did not vacate the suit shop leading to the filing of the application for eviction of suit shop and arrears of rent to the extent of Rs.6,15,000/- along with 18% interest.

3. On being noticed, the petitioner/tenant appeared before the Rent Controller and filed reply disputing the relationship of landlord and tenant between respondent and petitioner and prayed for rejection of application.

4. The Rent Controller, after appreciation of oral and documentary evidence available on record, vide order dated 22.02.2021 allowed the application holding that the relationship of landlord and tenant in respect of the suit shop is established and the landlord is entitled for a decree/order of eviction and arrears of rent from April 2011 to February 2021, to the extent of Rs.1,54,700/-.

5. Being aggrieved and dissatisfied with the order passed by the Rent Controller on 22-02-2021, the petitioner herein preferred an appeal under Section 13 of the Act of 2011 before the Chhattisgarh Rent Control Tribunal, Raipur which was dismissed vide impugned order dated 24.09.2021, against which, this writ petition has been preferred.

6. Mr. Manoj Paranjpe, learned counsel appearing for petitioner, would submit that both the Authorities have recorded a perverse finding contrary to the evidence available on record and held that the relationship of landlord and tenant is fully established. He further submits that the arrears of rent could not have been granted for more than 3 years from the date of filing of application before the Rent Controller, therefore, the impugned order is liable to be set aside and the writ petition deserves to be allowed.

7. Mr. Achyut Tiwari, learned counsel appearing for respondent, would support the impugned judgment and submit that both the Authorities have rightly held that the relationship of landlord and tenant between respondent and petitioner is established and as such, the writ petition deserves to be dismissed.

8. We have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the records with utmost circumspection.

9. The first question for consideration is as to whether the relationship of landlord and tenant between respondent and petitioner is established?

10. In this regard, learned Rent Controller has recorded the finding in para-6 of its order that the petitioner/tenant himself has admitted in his reply and affidavit-evidence under Order 18 Rule 4 CPC that earlie