LAWS(CHH)-2025-2-20

BALRAM KODWANI Vs. REEMA SAHU

Decided On February 27, 2025
Balram Kodwani Appellant
V/S
Reema Sahu Respondents

JUDGEMENT

(1.) This petition has been filed against the order dtd. 3/2/2025 passed by Chhattisgarh Rent Control Tribunal, Raipur, CG (Annexure P-1) in Appeal No. 01-A/2024 by which the appeal filed against the order dtd. 15/12/2023 passed by Rent Controller, Korba, CG in Case No. 202007050100002/A-90 year 2019-20, has been dismissed.

(2.) Facts in short: Father of the petitioner namely Late Chetandas Kodwani had taken the disputed shop constructed on Khasra No. 997/2, Main Road, Purani Basti, Korba, on monthly rent of Rs.300.00 about 40 years back from its owner namely Late Timanlal and was running the business of Hosiery since then. The rent was being regularly deposited in the Court. Subsequently, respondents/landlord orally asked the petitioners/tenants to vacate the disputed shop but they did not do that. Therefore the respondents/Landlord filed an application under Sec. 12 (1)(f) of Chhattisgarh Rent Control Act, 2011 (for short "Act of 2011") for handing over the vacant possession of the rented shop.

(3.) The petitioners/tenant by filing the reply to the application moved by the respondents/landlord denied the averments made therein. It was pleaded that the rented shop was taken on rent about 40 years back and that the rent up to September, 2020 was deposited before the CD of the Civil Court on 3/3/2020. It is denied that the petitioners/tenants were orally asked to vacate the disputed shop or was there any unbecoming scene created by the respondents-landlord.