JASVINDER SINGH KHANUJA Vs. RENT CONTROL OFFICER MANENDRAGARH

JUDGEMENT

(1.) The present petition is against the judgment of the Rent Control Tribunal, Raipur dtd. 30/9/2022, whereby the Tribunal has affirmed the order of eviction against the petitioner passed by the Rent Control Authority, Manendragarh on 6/1/2021.

(2.) Learned counsel for the petitioner would submit that initially the notice was served to the petitioner/ tenant on 4/10/2017, whereby from back date tenancy of the petitioner was terminated and taking advantage of special category of the land-lord (widow) as prescribed in the Chhattisgarh Rent Control Act, 2011 (hereinafter referred as Act of 2011) the eviction petition was filed under grounds enumerated in Schedule 2 of Sec. 12 (2), claiming the accommodation would be required for own use. He would further submit that the petition before the Rent Control Authority was filed only for enhancement of rent as the rent was Rs.1950.00 only and enhancement of Rs.4,000.00 was asked for. He submits that such course of action to enhance rent would negate the need for own use. It is further stated that similar accommodation has been let out by the land-lord at a higher rent, after filing of eviction petition and when application is filed the same cannot be said to be for own use of land-lord. He further submits that during the pendency of the litigation on different dates total amount of Rs.5000.00 has been paid towards rent. He further submits that the petitioner is ready to enhance the rent reasonably but it cannot be to the extent as demanded. He further submits that since the demand of enhancement was made at higher rate it was not acceded, therefore, on false grounds petition has been preferred. He further submits that application of like nature is required to be dismissed. Consequently, he prays that both the orders passed by the learned Rent Control Authority and the Rent Control Tribunal are liable to be set aside.

(3.) Per contra, learned counsel for the respondent/ land-lord would submit that after termination of the tenancy in the year 2017, the petition was filed in accordance with the Act of 2011. He further submits that affidavit of the land-lord will go to show that the premises is required for own use for different purposes and despite notice as per Schedule 2 of Sec. 12(2) of the Act of 2011, the tenant failed to vacate the premises and pay the arrears of rent. He further submits that during the pendency of the litigation, in the intervening period on different dates some amount of arrears of rent have been paid in part to the tune of Rs.5000.00, however the arrears of rent was to the extent of 63 months. It is stated since the termination of tenancy is from 2017 till January, 2023 it comes to Rs.1,22,800.00 @ Rs.1950.00 p.m. He submits that the part of amount so paid may be deducted and for the rest of amount the order may be passed for recovery of arrears. He further submit that the both the Rent Control Authority and Rent Control Tribunal has evaluated the facts and has passed the order which is well merited and do not call for any interference by this Court.