RAMNEESH KAUSHAL Vs. CHAMPA DEVI

JUDGEMENT

(1.) The present petition is against the judgment dtd. 22/4/2022 passed by the Rent Control Tribunal, Raipur, wherein the appellate Tribunal has reversed the order passed by the Rent Control Authority, Katghora, District Korba and has granted a decree for possession.

(2.) The petitioner, who is a tenant, has challenged the said order on the ground that different proceedings were pending in between the parties including the proceeding under Sec. 145 of the Cr.P.C. on an earlier point of time.

(3.) Learned counsel for the petitioner would submit that in a proceeding under Sec. 145 of the Cr.P.C. the categorical finding was arrived at by the concerned authority that the property on which the possession is sought for is described as 'Bade Jhaad ka Jungle', therefore, the property for which the ejectment is sought for do not belong to the respondent. He would further submit that the Rent Control Authority has taken into account these facts and since the ownership do not belong to the respondent, the Rent Control Tribunal dismissed the petition filed for ejectment. He would further submit that learned Tribunal ignoring such finding has passed an order of ejectment, which is contrary to the law and the effect of the order would be that the respondent would step into the shoes of ownership though the ownership belongs to the State. He would further submit that his suit for permanent injunction is still pending for the reason that an agreement was entered into the parties for purchase of the suit property on 19/10/2012 and an amount of Rs.4,00,000.00 was paid, therefore, in these background of facts, the finding arrived at by the Rent Control Tribunal is completely perverse and is liable to be set aside.