SUSHIL DHANORKAR Vs. SUSHILA SONI

JUDGEMENT

(1.) The present petition is filed against the order dtd. 21/4/2022 passed by the Rent Control Tribunal, whereby the order passed by the Rent Control Authority dtd. 23/12/2020 for eviction and payment of arrears of rent was affirmed.

(2.) The brief facts of the case are:-

(3.) Learned counsel for the petitioner/ tenant raised solitary ground before this Court leaving other grounds, would submit that the documents which have been placed on record and before this Court would show that land belongs to government, being a nazul land. Therefore, as per Sec. 3 of the Act of 2011, the applicability of Act of 2011 would be exempted. He would further submit that in a similarly situated case, learned Supreme Court in Parwati Bai Vs. Radhika reported in AIR 2003 SCC 3995 had occasion to discuss the similar situation with pari materia words like of of C.G. Accommodation Control Act, 1961 exists that when the ownership belong to the government, the private ejectment suit would not be maintainable. Therefore, both the Courts below have exercised the jurisdiction not vested in it by law and committed mistake.