S/0 LATE SHRI HARI NARAYAN AGRAWAL v. (DEFANDANT)

S/0 LATE SHRI HARI NARAYAN AGRAWAL £^J AGED -55 YEARS, IN FRONT OF CHANAKYA ^••^ SCHOOL,HANUMAN NAGAR, ASHWANI SlS^6' A-" ^' ^ NAGAR, RAIPUR (C. G.) VERSUS y RESPONDENT (DEFANDANT) RAJU SONI, ^^- S/0 RAMJI SONI, AGED - 32 YEARS, -^ IN FRONT OF SINDHI SCHOOL, GOPIA PARA, PURANI BASTI, RAIPUR (C. G.)^-^" WRIT PETITION UNDERARTICLE - 227 OF TH! CONSTITUTIONOFJlN DIA. ^"r m'a% j1 § ;:i,.. ~'\t:-'V '""E:^^f%^' A^-^ ^'7' HSGH COURT OF CHHATTiSGARH AT BILASPUR iSB: Hon'bie Mr. T.P. Sharma. J.) Petiiion (Art.227) No.64Sof2SM2 Chandra Shekhsr Aarawai PSajntiff Soni pA/rlt Petition under Articte 227 of the Constitution of india) Mr.R.K.KeshanA?ani, counssl for the petitioner. (Passed on 1s October, 2012] 3y this writ petition under Articie 227 of the Constitutlon of india 8ie petltioner has chaiienged iegai'rty and propriety of the order 27.7.%12 passed by the 4ih Ci<.4! Judge Ciass-i, Raipur, in Ciyii Suit Ncs.19A/11, whereby the appiication fiied by the petitioner under Section 13(8) of the C.G. Accommodation Control Act, 1961 (for short 1:he Act') has been dismissed by the triai Court on the ground that application for permlssion to deposit the rent fiied by the respondent is pending. Even as per written statement, quantum of rent is under disput®which requires provisionai fixation. in these circumstances, by dismissing the applteation the triat Court has not commitied any iliegaiity.

Consequentty, the writ pefifion stands disposed of with the observation that the respondent is under obligation to deposit the admitted rent (rate of rent) in accordance with Section 13(1) of the Act is required io decide the dispute of rent and fix a and the Court provisionai rent (arrears) iegaiiy recoverabie fpom the reqsondeBt. Ho order as to cosis. . . interim appiication stands disposed of. Sd/- T.P. Sharma Judge