KRISHNA KUMAR KAHAAR Vs. DASHODA BAI DHIVAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By the present petition under Article 227 of the Constitution of India the petitioners/applicants (landlord) are challenging the order dated 28-4- 2023 passed by the Chhattisgarh Rent Control Trubunal, Raipur (henceforth 'the Tribunal) in appeal No.12-A/2023 by which the learned Tribunal has allowed the appeal of the respondent No.1/non-applicant (tenant) and set aside the order dtd. 12/12/2022 passed by the Rent Control Authority (henceforth 'the Authority')/Sub Divisional Officer (Revenue) by which the Authority has passed the order with regard to eviction of the respondent and further directed to make payment of Rs.28,000.00 to the petitioners herein towards arrears of rent.

(3.) (i) Facts of the matter, shorn of all unnecessary details, are that the petitioners preferred an application under the Chhattisgarh Rent Control Act, 2011 (henceforth 'the Act, 2011') before the Authority/SDO(R), Champa for eviction of the respondents pleading, inter alia, that the disputed land bearing khasra No.1507/29 area 0.10 decimal consisting of a house was purchased by the petitioners from the respondent No.2. Thereafter, the said house was given on rent by the petitioner to the respondent No.1 for a monthly rent of Rs.4,000.00, however, the respondent No.1 failed to pay the rent since beginning and was refused to vacate the house in spite of repeated requests made by the petitioner. On the basis of the said facts, the Authority issued notice to the respondent.