ASHISH KUMAR DIXIT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dtd. 20/1/2022 passed by the respondent No.2 in Revenue Case No.3/A-90(7)/2019-20. Vide the said order, the respondent No.2 authority has rejected two applications filed by the petitioner, one under Order 7 Rule 11(D) of the CPC and the other application being under Order 16 Rule 1 and 2 of the CPC.

(2.) The grounds raised for rejection of the two applications as regards the application under Order 7 Rule 11 (D) CPC, the contention raised by the petitioner that the application before the respondent No.2 is not maintainable and the only option available for the respondent No.3 would be a Civil Suit, was not accepted by the respondent No.2 authority on the factual matrix of the case where there is no dispute so far as the property which was originally owned by one Smt. Sumitra Gupta and after her death the property was later on inherited by her grandson Sandeep Gupta, who in turn, has sold the property to the respondent No.3 and as such the respondent No.3 as of now undisputedly is the landlord.

(3.) There is also no dispute as is evident from the pleadings that the petitioner had occupied the premises in the capacity of a tenant and was paying the rent to the landlord till 2010.