SHABBIR HUSSAIN Vs. ABDUL HANIF

JUDGEMENT

(1.) The petitioner/plaintiff filed a suit for eviction and arrears of rent against the respondent/defendant stating inter alia that the plaintiff is the owner of suit accommodation (double storeyed building) and the first floor of the said suit accommodation was let out to the defendant in the month of April, 1998 on the monthly rent of ? 800/- for residential purpose and tenancy commences from the first day of English calendar month and ends on the last day of said month. It was also pleaded that the rent was enhanced to ? 2,000/- from the month of April, 2007, but thereafter defendant stopped making payment of rent from the month of October, 2007 for which registered notice dtd. 3/12/2009 demanding arrears of rent was served to him which was replied by defendant on 31/12/2009, but he did not make the payment of rent and stated that Shri Aslam Hussain is the owner of suit accommodation and he is the tenant of Shri Hussain, led to filing of the instant civil suit for eviction and arrears of rent.

(2.) Respondent/defendant has filed his written statement before the trial court stating inter alia that plaintiff has filed suit for eviction on the basis of forged sale deed dtd. 6/8/1979. It has also been pleaded that Aslam Hussain is the owner of the suit accommodation by denying the title and ownership of plaintiff and he has taken the suit accommodation on rent from Shri Hussain and continuing in possession as a tenant of Shri Hussain.

(3.) The application filed by the petitioner under Sec. 13(6) of Chhattisgarh Accommodation Control Act, 1961 (hereinafter called as 'Act of 1961') was rejected by trial court by order dtd. 31/10/2015 declining to strike out the defendant's defence, whereas the petitioner's application under Sec. 151 of CPC was rejected by order dtd. 25/1/2016 and the application for review of order dtd. 25/1/2016 was rejected by order dtd. 23/2/2016.