Chattisgarh High Court
Jagdish Agrawal vs Dhanisiram Agrawal on 25 March, 2022
1
NAFR
HHIGH COURT OF CHHATTISGARH, BILASPUR
SA No. 709 of 2019
• Dhansiram Agrawal S/o Sh. Pyare Lal Agrawal Aged About
71 Years R/o Laxmipur , Raigarh, Tehsil And Distt.
Raigarh, Chhattisgarh..... ---- Appellant
Versus
• Mangeram Agrawal S/o Sh. Kanhaiya Lal Agrawal Aged
About 73 Years R/o Subhash Chowk, Tehsil And Distt. -
Raigarh Chhattisgarh.... ---- Respondent
SA No. 848 of 2019
• Jagdish Agrawal S/o Mangeram Agrawal Aged About 43
Years Occupation Business, R/o Shankar Mils Store,
Subhash Chowk, Raigarh, Tahsil And District - Raigarh
Chhattisgarh. ( Landlord ), ---- appellant.
Versus
• Dhanisiram Agrawal S/o Pyare Lal Agrawal Aged About 68
Years Occupation Business, R/o Lakshmipur, Raigarh,
Tahsil And District - Raigarh Chhattisgarh. ( Tenant ),
---- Respondent
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For Appellant
in SA No 709 of 2019 : Mr. Virendra Verma, Advocate
and respondent in
SA No. 848 of 2019
For Appellant : Mr. Sachin Nidhi, Advocate
in SA No 848 of 2019
and respondent in
SA No./ 709 of 2019
Both parties appeared before
this court along with their
respective Advocates.
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Hon'ble Shri Justice Narendra Kumar Vyas.
Judgment on Board
(25-03-2022)
1. Since both the aforesaid second appeals arise out of
same judgment and decree, they are heard analogously
and are being disposed of by this common order.
2. Second Appeal No.848 of 2019 is preferred by the
appellant/landlord against the judgment and decree
dated 6-9-2019 passed by the learned District Judge,
Raigarh, District Raigarh whereby learned First Appellate
Court has partly allowed the decree under Section 12(1)
(a), (f)(k) U& (o) of the Chhattisgarh Accommodation
Control Act, 1961 and directed the tenant to vacate the
suit premises. Second Appeal No., 709 of 2019 is
preferred by the defendant/tenant challenging the
legality and validity of the impugned judgment and
dated 6-9-2019 passed in First Appeal No. 25 of 2016 .
These appeals are yet to be admitted.
3. Since the present dispute is between the landlord and
considering the fact that there is a chance of amicable
solution between the parties, vide its order dated 21-3-
2022 this court has directed the appellant and
respondent to appear before this court on 25-3-2022 in
person. In pursuance of the aforesaid direction passed
by this court, both the appellant/tenant and respondent/
landlord appeared before this court today. The landlord
has submitted that if the tenant vacates the suit
premises within a reasonable time, he is ready to reduce
the arrears of rent of Rs.1,00,000/- out of Rs.1,50,000/-.
The tenant after considering the proposal made by the
landlord has submitted that he will vacate the suit
premises, if a reasonable time of one year is given to
him. He would further submit that he will make an
endeavour to vacate the suit premises before one year
also.
4. Considering the aforesaid submission made by the
tenant, landlord has accepted the proposal and would
inform this court that he is ready to forego Rs.1,00,000/-
and Rs.50,000/- be paid as arrears of rent to him. The
aforesaid proposal made by the landlord is acceptable to
the tenant without any reservation.
5. Considering the parties have agreed to settle their
dispute, this court has directed that the tenant will
vacate the suit premises within one year from today i.e.,
24-3-2023 or on or before that date, as assured by him,
the tenant has to pay Rs.50,000/- only towards arrears of
rent and till the suit premises is vacated by the tenant,
he will pay regular rent to the landlord.
6. In view of the above, the judgment and decree passed by
the First Appellate Court is afrmed. Accordingly, the
instant both second appeals are disposed of in view of
the aforesaid settlement arrived at between the parties.
7. A decree be drawn up accordingly.
Sd/-
(Narendra Kumar Vyas)
Judge
Raju
