Sapan Choudhary v. Dr. Devdas Rai

: Shri Parag Kotecha, Advocate For Respondent : Shri A.N. Bhakta, Advocate DB: Hon'ble Smt. Justice Rajani Dubey and Shri Justice Narendra Kumar Vyas Order on Board

03.01.2025 Per Narendra Kumar Vyas, Judge KISHORE KUMAR DESHMUKH KISHORE KUMAR DESHMUKH

The present petition under Article 227 fo the Constituion of India has been filed by the petitioner challenging order dated

16.12.2024 passed by the Learned Chhattisgarh Rent Control Tribunal Raipur in Appeal No. 61A/2024 whereby the application filed by the petitioner for interim relief has been rejected on the count that the learned trial Court has directed for depositing arrears of rent to the tune of Rs. 2,97,000/-.

The brief facts as reflected from the order sheets are that the respondent landlord has filed application under Section 12 read with Section 11 (g) and (h) of the Chhattisgarh Rent Control Act, 2011 before the Authority, Rent Control, Manendragarh District – Manendragarh-Chirmiri–Bharatpur which was registered as R.C.No. 202211330400015/A-90(3)/2022-23 for ejectment of the petitioner from the house situated at Khasra No. 295/3 Measuring 0.048 Ha. wherein the respondent landlord has constructed double storey building in which four tenants were residing in ground floor and four tenants were residing on first floor. The petitioner is residing in ground floor in the house having 3 Bedroom, 2 Hall, 2 Bathroom and Kitchen since June, 2019 at the monthly rent of 9000/- per month. He paid the rent to the respondent landlord till January, 2022. The Petitioner and his wife are senior citizen and she is cancer patient. Learned Rent Control Authority considering the evidence and materials on record vide order dated 07.10.2024 allowed the application and directed the petitioner to vacate the house within 30 days and also directed to deposit arrears of rent to the tune of Rs. 2,97,000/- and pay additional rent of Rs. 9000/- per month till the house is vacated and further directed to the respondent landlord not to give the house on higher rent to any third person till 12 months from the date of getting actual possession of the house. Being aggrieved the petitioner preferred an appeal before the President, Rent Control Authority, Raipur under Section 13 of the Act. Learned Appellate Court vide impugned order dated

16.12.2024 rejected the application for stay of eviction and fixed the matter for final hearing on 09.01.2025. After rejection of the application for interim relief, the petitioner has filed present petition under Article 227 of the Constitution of India.

Learned counsel for the petitioner would submit that pursuant to the rejection of the interim application, the executing Court is proceeding fast and the matter is listed on 06.01.2025 for further hearing and the appeal is fixed for final hearing on 09.01.2025. If any adverse action is taken, it will cause irreparable loss to the petitioner, therefore, if the effect and operation of the order dated

07.10.2024 is stayed till the final disposal of the appeal, it will serve the purpose of filing this petition.

Considering the fact that the appeal has been fixed for final hearing on 09.01.2025 and the executing Court is proceeding further which may cause irreparable loss to the petitioner, the effect and operation of the order dated 07.10.2024 passed in R.C.No. 202211330400015/A-90(3)/2022-23 is stayed till

09.01.2025 or the appeal No. 61A/24 pending before the learned Chhattisgarh Rent Control Tribunal, Raipur is finally decided. It is made clear that neither the petitioner nor the respondent will adopt delay tactics. If any delay tactics is adopted, the order of stay will lose its significance without reference to this Bench.

Learned Chhattisgarh Rent Control Tribunal, Raipur is directed to decide the appeal within an outer limit of 2 months from the date of receipt of copy of this order.

Certified copy today. Sd- Sd- (Rajani Dubey) (Narendra Kumar Vyas) JUDGE JUDGE Deshmukh