SOURABH FUELS Vs. SURESH KUMAR GOYAL

JUDGEMENT

(1.) Aggrieved by the order passed by the Chhattisgarh Rent Control Tribunal (in short, the Tribunal) Raipur in Appeal Case No.08-A/2020, dtd. 13/8/2021, the present writ petition has been filed. Vide the impugned order the Tribunal has affirmed by the order dtd. 13/2/2020 passed by the Rent Controlling Authority, Raipur (in short the Authority) in Case No.01-90(6) Year, 2017-18, and has rejected the appeal preferred by the petitioner.

(2.) The facts relevant for disposal of the writ petition is that the respondent-Suresh Kumar Goyal owns a subject land situated at Khasra Nos. 356/1 and 357/2 admeasuring 0.80 dismal adjoining the properties belonging to the petitioner. The respondent leased out a portion of property measuring 120X120=14,400 sq. feet at village Sasaholi, PH No.7, Tehsil Tilda, District Raipur in favour of the petitioner. The said subject land was taken on rent by the petitioner at a monthly rent of Rs.17,709.00. The lease/rent was executed in the year 1994 initially for a period 15 years i.e. till 23/4/2009. Thereafter, fresh rent agreement was entered into for the period between 5/4/2009 to 4/4/2018.

(3.) Subsequent to the expiry of the lease in the year, 2018, the respondent issued a notice of eviction under Sec. 12(2) read with Schedule-II Clause-11(h) of the Chhattisgarh Accommodation Control Act, 2011 (in short, the Act of 2011). Inspite of specific notice of eviction having been issued, since the petitioner did not evict the premises, an application before the Authority seeking for an order of eviction was filed. The Authority vide his order dtd. 13/2/2020 allowed the application and directed the petitioner herein to immediately vacate the said premises within a period of one month.