Landlord challenged the appellate order setting aside the striking down of the tenant's defence for non-payment of rent. Without deciding merits, the High Court directed the trial court to decide the long-pending civil suit within six months, leaving liberty to pursue pending arrears of rent afresh.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No. 304 of 2024
---- Petitioner
Versus
1 - Smt. Chanda Shrivas Wd/o Late Rajesh Shrivas Aged About 52 Years R/o Banstal, Hospital Ward, Raipur, District Raipur (C.G.)
2 - Shreyansh Shrivas S/o Late Rajesh Shrivas Aged About 16 Years Minor Through Their Natural Guardian Mother Smt. Chanda Shrivas, Wd/o Late Rajesh Shrivas, R/o Banstal, Hospital Ward, Raipur, District Raipur (C.G.)
3 - Reyansh Shrivas S/o Late Rajesh Shrivas Aged About 16 Years Minor Through Their Natural Guardian Mother Smt. Chanda Shrivas, Wd/o Late Rajesh Shrivas, R/o Banstal, Hospital Ward, Raipur, District Raipur (C.G.)
4 - Shreya Shrivas D/o Late Rajesh Shrivas Aged About 29 Years R/o Banstal, Hospital Ward, Raipur, District Raipur (C.G.)
---- Respondents
(Cause title is taken from Case Information System)
For Petitioner : Mr. Malay Shrivastava, Advocate.
Hon'ble Shri Justice Naresh Kumar Chandravanshi
Order On Board
25.04.2024
1. The petitioner has filed this petition under Article 227 of the Constitution of India against impugned Order dated 18.03.2024 passed by learned 12th Additional District Judge, Raipur in Miscellaneous Civil Appeal No. 19 of 2024, whereby, learned Appellate Court has set-aside Order dated 24.01.2024 passed by learned trial Court in Civil Suit No. 18A of 2009, whereby learned trial Court had struck down defense of defendant as outstanding rent was not deposited by defendant/tenant.
2. Learned counsel for the petitioner would submit that this petition may be disposed of granting liberty to the petitioner to file a fresh
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application for payment of arrears of rent.
3. Perusal of impugned order show that by filing application on 05.01.2024, defendant No. 1/tenant had sought permission to deposit outstanding rent of Rs. 24,720/-. On being enquired, learned counsel for the petitioner submits that he is not aware that whether aforesaid amount was deposited by defendant/tenant or not.
4. Perusal of record shows that concerned Civil Suit No. 18A/2009 is pending consideration since 2009, whereas since 2011, new Act namely the C.G. Rent Control Act, 2011 has been enacted. Despite that, instant Civil Suit is persuaded by petitioner/landlord. Further, considering pendency of instant Civil Suit, without going into merits of instant petition, this petition is disposed of directing learned trial Court to consider and decide Civil Suit No. 18A/2009 [Kailash Kumar Shrivash vs. Rajesh Shrivash] pending consideration before it since 2009, within six months form date of receipt/submission of copy of this order.
5. It is further observed that if any amount of rent is still pending to
be paid during pendency of instant Civil Suit, then petitioner/plaintiff/landlord is at liberty to take recourse to law, which shall be considered and decided by learned trial Court afresh without being influenced with the order passed earlier by it or appellate Court.
6. With the aforesaid observation(s) & direction(s), this petition is disposed of.
Sd/- (Naresh Kumar Chandravanshi) Judge
$iddhant
2 issues framed by the court
Whether the appellate order setting aside striking down of the tenant's defence should be disturbed under Article 227.
Whether the landlord should be granted liberty to seek payment of arrears of rent afresh.
2 provisions across 2 enactments
Kailash Shrivas
Smt. Chanda Shrivas
Shreyansh Shrivas
Reyansh Shrivas
Shreya Shrivas
Naresh Kumar Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
