NEMENDRA KUMAR Vs. GAURISHANKAR TAMRAKAR

JUDGEMENT

(1.) Heard.

(2.) The instant civil revision has been preferred under Section 23-E of the Chhattisgarh Accommodation Control Act, 1961 (henceforth "the Act of 1961") by the petitioners/non-applicants against the order dated 24.7.2012 (Annexure P-4) passed by the Rent Controlling Authority, Durg, (henceforth "the Authority"), in Case No.01/A-90/2008-09, whereby the Authority has allowed the application under Section 23-A of the Act of 1961 filed by respondent/applicant/landlord directing the non-applicant/tenant to vacate the suit premises within 30 days and to hand over the vacant possession of the same to applicant/landlord.

(3.) Facts, in brief, leading to the issuance of the impugned order are that initially the applicant/landlord had moved an application before the Authority in Case No.01-A-1990/2008-09, whereby the Authority had vide its order dated 8.9.2009 (Annexure P-2) allowed the application and directed the non-applicant/tenant for immediately evicting the premises and for giving the vacant possession of the same to applicant/landlord. Against the said order dated 8.9.2009, non-applicant/tenant (Late D.P. Yadav) had filed a civil revision before this Court under Section 23-E of the Act of 1961, which was registered as Civil Revision No.89/2009. After considering the rival contentions of the parties, this Court vide its order dated 31.8.2010 (Annexure P-3) allowed the revision and had remanded the matter back to the Authority. The relevant operative part of the judgement dated 31.8.2010 passed in Civil Revision No.89/2009 is reproduced herein for ready reference:-