CAV Order

15 /12/2021

1. This petition has been filed against the proceeding initiated by the respondent before the Estate Court, Bhilai.

2. It is submitted that the respondent had executed a lease deed in favour of Shri Jugalkishore M. Rathi granting lease deed of plot No.100. The word lessee mentioned in the lease deed includes the heirs and successors of the lessee. Shri Jugal Kishore M. Rathi has expired on 08.06.2010. Before his death, Shri Jugalkishore M. Rathi had executed a registered will dated 29.04.2009 bequeathing his rights as lessee of shop No.100 to the petitioners. According to the terms of the lease, a cinema hall is being run on the plot granted on lease. Respondent has filed an eviction application under Section 5 of Public Premises Act before the Estate Court (SAIL) Maroda Sector, Near D.P.S. Bhilai, Bhilai, Durg, C.G. praying for the eviction of the petitioners.

It is submitted that the petitioners who are non-applicants in the case before Estate Court, made preliminary objection on the maintainability of the eviction application, which has been dismissed arbitrarily by order in Annexure-P/2. Another application was filed under Order VI Rule 15 of C.P.C., which ha