SHRAWAN KUMAR SARAF Vs. RAVIKANT MISHRA

JUDGEMENT

(1.) Heard.

(2.) The instant petition is directed against the order of the Rent Control Tribunal, Raipur dtd. 19/1/2017 passed in Appeal No.33-A/2016, whereby, the order of eviction has been passed against the petitioner from the subject suit premises, which is a shop situated at Sadar Bazar, Bilaspur. The petition is filed by the tenant.

(3.) The background of the facts is that a shop was taken on rent 42 years back from one Krishna Bihari Mishra and thereafter, the shop was being run under the name and style of 'M/s. Maa Sheetla Jewellers'. After the death of Krishna Bihari Mishra, respondent Ravikant Mishra and others stepped into his shoes and were receiving rent. Eventually, a notice dtd. 15/12/2014 was served to the tenant under the Chhattisgarh Rent Control Act, 2011 (in short "the Act, 2011") and despite service of notice, since the tenant failed to vacate the premises within a period of 6 months, an application was filed before the Rent Controlling Authority for ejectment. Before the Rent Controlling Authority, the petitioner herein came with a reply that he has not defaulted any payment of rent and the intention of the landlord is to get the premises vacated so as to further lease out the premises on higher rent. The Rent Controlling Authority dismissed the application filed by the landlord, which was primarily under clause 11 (h) appended with Schedule 2 of the Act, 2011. The Schedule 2 of the Act, which lays down the Landlord's Rights available under the Act, is framed under Sec. 12(2) of the Act, 2011. Being aggrieved by the said order, the respondents filed an appeal before the Rent Control Tribunal and the same was allowed and the ejectment order was passed. Hence, this petition.