Vijay Kumar Das v. Smt. Savita Das

Vijay Kumar Das S/o Shri R.B. Das Aged About 45 Years R/o J-78, Sector - 2, Shankar Nagar, Tahsil And District Raipur (C.G.)...(Non - Applicant) Versus Smt. Savita Das W/o Shri Shanti Lal Das Aged About 50 Years R/o House No. H/65, Irrigation Colony, Shanti Nagar, Tahsil And District Raipur (C.G.),..(Applicant) ... Respondent ... Petitioner [Cause-title taken from Case Information System (CIS)] ----------------------------------------------------------------------------------------------- For Appellant For Respondent ----------------------------------------------------------------------------------------------- Division Bench : Mr. Amiyakant Tiwari, Advocate : None for the respondent through served Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sachin Singh Rajput Judgment on Board (28.07.2025) Sanjay K. Agrawal, J (1) The petitioner has filed this writ petition under Article 227 of the Constitution of India calling in question the legality, validity and correctness of impugned order dated 16.06.2023 (Annexure-P/01), passed in Appeal No.2-A/2021 (Vijay Kumar Das v. Smt. Savita Das) by the Chhattisgarh Rent Control Tribunal, Raipur (for short the “learned Tribunal”), by which, the appeal filed by the petitioner has Page No.2 of 4 IN WP227-613-2023 been dismissed affirming the order dated 03.02.2021, by which the Rent Controlling Authority, Raipur (for short the “learned RCA”) has directed the petitioner herein to vacate the suit premises by allowing the application filed by the respondent herein under Section 12(2) read with Schedule 2 (11) of the Chhattisgarh Rent Control Act, 2011 (for short the “Act of 2011”).

Facts of the case, in a nutshell, is that the respondent/applicant filed an application under Section 12(2) read with Schedule 2(11) of the Act of 2011 for eviction of her suit premises on the ground that the petitioner herein is tenant in her house situated at Janta Qtr. No.78, Sector-2, Shankarnagar, Raipur (CG) on a monthly rent of Rs.1,400/- via rent agreement dated

15.06.2007 and now the suit accommodation is required for her own use and the petitioner/tenant has not paid rent from August, 2007. The learned RCA, after appreciating the oral and documentary evidence on record allowed the application filed by the respondent herein and directed the petitioner herein to deliver the possession of the suit premises to the respondent herein vide order dated

03.02.2021, against which, the petitioner here firstly preferred appeal before the learned tribunal and, after dismissal of the same vide impugned order dated 16.06.2023, filed the instant petition before this Court challenging the said order.

Learned counsel appearing for the petitioner submits that the Page No.3 of 4 IN WP227-613-2023 learned tribunal as well as the learned RCA are absolutely unjustified in allowing the application filed by the respondent herein under Section 12(2) read with Schedule 2 (11) of the Act of 2011 and passing the order of eviction in her favour by recording findings which are perverse to the record and, therefore, the same are liable to be set aside. Hence, the present petition be allowed.

None appeared on behalf of the respondent though served.

We have heard learned counsel for the petitioner considered his rival submissions made herein-above and went through the record with utmost circumspection.

In the case at hand, the learned RCA after considering the oral and documentary evidence available on record specifically recorded findings that: (i) the relationship between the petitioner and the respondent to be that of tenant and landlord is established; (ii) the petitioner/tenant has failed to deposit rent to the tune of Rs.1,400/- pm from June, 2007; (iii) the petitioner/tenant refused to take eviction notice given by the respondent/landlord; (iv) respondent/landlord has established that the suit accommodation is required for her bonafide occupation and (v) the respondent/landlord is also entitled for arrears of rent to the tune of Rs.2,26,800/-, payable by the petitioner/tenant. The aforesaid findings recorded by learned RCA have further been affirmed by the learned tribunal while dismissing the appeal filed by the petitioner vide impugned Page No.4 of 4 IN WP227-613-2023 order dated 16.06.2023. As such, in our considered opinion, the findings recorded by the learned RCA, which are also affirmed by the learned Tribunal, are correct findings of fact based on evidence available on record and same are neither perverse nor contrary to the record. We do not find any merit in this petition, which deserves to be and is hereby dismissed. No cost. Sd/- Sd/- (Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge s@if