MOHD ASIF KHAN Vs. ANURAG JAIN; CHHATTISGARH RENT CONTROL TRIBUNAL RAIPUR, DISTRICT RAIPUR, CHHATTISGARH; RENT CONTROLLER RAIPUR, DISTRICT RAIPUR, CHHATTISGARH

JUDGEMENT

(1.) Petitioner is a tenant of Respondent No.1. He has been compelled to assail the order dated 02.11.2018 passed by the Chhattisgarh Rent Control Tribunal (hereinafter referred to as 'the Tribunal') which has ordered eviction and set aside the order dated 28.02.2018 passed by the Rent Controller, who did not find any merit in the application of the landlord for eviction.

(2.) On 24.07.2017, an application was filed before the Rent Controller, Raipur by the landlord, namely, Anurag Jain. An agreement was supposedly entered on 18.10.2016 for renting out an area of 650 sq.ft. at Malviya Road, Raipur for running a cloth shop. Rental of Rs.35,000.00 per month was fixed payable by 20th of the subsequent month. An advance by way of security deposit to the extent of Rs.1,50,000.00 was also paid by the present Petitioner. Accepted position is that from 20.11.2016 till 20.02.2017 rent was regularly deposited @ Rs.35,000.00 per month. Subsequently it seems that a request was made by the tenant to adjust the subsequent rental from the advance because some dispute arose on providing possession of the agreed area in terms of the agreement.

(3.) The landlord issued a notice on 27.06.2017 and thereafter filed an application for eviction on 24.07.2017 even before the expiry of the period of notice claiming that the tenant was a habitual defaulter.