LAWS(CHH)-2022-8-27

GAUSHALA PINJARAPOL Vs. ASHOK KUMAR KOCHAR

Decided On August 08, 2022
Gaushala Pinjarapol Appellant
V/S
Ashok Kumar Kochar Respondents

JUDGEMENT

(1.) Despite service of notice, no representation is made on behalf of the respondents.

(2.) The short question which falls for consideration is to the order dtd. 25/4/2022 passed by the Chhattisgarh Rent Control Tribunal wherein the order dtd. 22/11/2019 was affirmed which pertains to the amendment of issues of lis.

(3.) The background of the facts are that the petitioner filed an eviction petition against the respondents before the Rent Control Authority, Rajnandgaon under the Chhattisgarh Rent Control Act, 2011. Perusal of the record would show that the petition for eviction was under Sec. 12(2) Schedule-2 Clause 11(a) and 11(h) of the Chhattisgarh Rent Control Act, 2011. The caption of the application was under the aforesaid provision which primarily speaks about the non-payment of rent coupled with the fact that after 6 months notice to the tenant in writing, without any obligation to assign any reason when the tenant fails to vacate the premises, the petition was filed. It was pleaded by the landlord that after vacation of the premises, the same would not be further leased out at a higher rent for a period of 12 months.