Jayant Kumar Gabel vs Smt. Rajinder Kaur Tuteja
2022 Latest Caselaw 5636 Chatt

                                 1

                                               WPC No. 3597 of 2022




                                                              NAFR

        HIGH COURT OF CHHATTISGARH, BILASPUR

                          WPC No. 3597 of 2022

   • Jayant Kumar Gabel S/o Late A. P. Gabel Aged About 61 Years
     Occupation - Government Service (Kirodimal Government
     Polytechinic College), R/o B - 101, Shri Om Heights Beladula
     Raigarh Tahsil And District - Raigarh Chhattisgarh (Landlord)

                                                      ---- Petitioner

                              Versus

   1. Smt. Rajinder Kaur Tuteja W/o S. Manjit Singh Aged About 63
      Years Occupation - House Wife, R/o 61/2400, Kelovihar Colony
      Lane In Front Of Pump House, Raigarh Tahsil And District -
      Raigarh Chhattisgarh (Tenant)

   2. The Rent Control Tribunal Through Presiding Officer, Rent
      Control Tribunal Raipur, Near Ghadi Chowk Raipur District -
      Raipur Chhattisgarh

                                                   ---- Respondent



      For Petitioner     :       Shri Vineet Kumar Pandey,
                                 Advocate

      For Respondent     :       Shri Hari Agrawal, Advocae


                Hon'ble Shri Justice Goutam Bhaduri

              Hon'ble Shri Justice Radhakishan Agrawal

                        Judgment on Board


Per Goutam Bhaduri, J.

08/09/20 22

Heard.

WPC No. 3597 of 2022

1. The present appeal is against the order dated 22.07.2022

passed by the Rent Control Tribunal, Raipur wherein the

order dated 04.05.2022 passed by the Rent Control

Authority, Raigarh was challenged wherein orders for

eviction in respect of the subject property along with the

arrears of rent of Rs. 45,000/- was passed. Against such

eviction order and the arrears of rent appeal was filed

before the Rent Control Tribunal, Raipur wherein by order

dated 22.07.2022 arrears of rent which was directed to be

deposited has been stayed.

2. Learned counsel for the petitioner/ land-lord would submit

that the respondent/ tenant has not paid the rent since

March, 2021 and the appeal is still pending, therefore, the

respondent who is in possession of the said property is

required to pay the rent which may be subject to final

adjudication of the appeal before the Rent Control Tribunal.

3. Learned counsel for the respondent would submit that

certain renovation was carried out with the consent of the

land-lord, therefore, the rent was adjusted and cash receipt

were not paid.

4. Heard learned counsel for the parties and perused the

records.

5. Be that as it may, since the appeal is already pending before

WPC No. 3597 of 2022

the Rent Control Tribunal, the respondent is directed to

deposit the arrears of rent in its entirety before the Rent

Control Authority, Raigarh within one month from the date

of receipt of a copy of this order and the land-lord

(petitioner herein) shall be entitled to receive 50 % of it on

furnishing security. It is further ordered that non payment/

arrears of rent shall also be decided during the final

adjudication of the appeal before the Rent Control Tribunal.

6. With such observation, the petition stands disposed off.

              Sd/-                                     Sd/-


        (Goutam Bhaduri)                   (Radhakishan Agrawal)

           Judge                                               Judge



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