NARENDRA SRIVAS Vs. JAI SINGH

JUDGEMENT

(1.) The tenant has preferred this Writ application to assail the legality and validity of the Appellate order passed by the Rent Control Tribunal which has set-aside the order dated 23.03.2017 passed by the Rent Controller directing his eviction from the tenanted premises.

(2.) Facts of the matter, as available on record, are that the petitioner was inducted as a tenant in the subject shop situated at Old Power House, Near Petrol Pump, Torwa, Bilaspur by Late Veer Singh. After his death, his widow Milapabai, executed rent note to continue to allow the petitioner to occupy the shop as tenant for the period for three years from 01.01.2012 to 31.12.2015 at a monthly rent of Rs.1,800/-. After the death of Milapabai, respondent Jai Singh, forcibly recovered the possession of the shop sometime in May, 2015 and evicted the petitioner without taking recourse to the provisions contained in the Chhattisgarh Rent Control Act, 2011 (for short 'the Act.')

(3.) On the basis of above cause of action, the petitioner/tenant moved an application for recovery of possession under Section 12(5) of the Act, 2011. The Rent Controller allowed the application on 23.03.2017 directing handing over possession of the said shop to the petitioner. It is stated, at the bar, that pursuant to the said order, the petitioner has been handed over possession of the shop, which he is presently occupying.