Dismissed¶¶22

Deepak Gandhi v. Mennonite Board of Christion Education, Dhamtari

Chhattisgarh HC16 Sept 2025WP227/8/2024

Case brief

AI extract

What is this about?

Rent control — arrears of rent — disputed question of arrears deferred to final hearing pending substantive eviction application — Rent Controller, Dhamtari — C.G. Rent Control Tribunal — writ petition dismissed as devoid of merit — no opinion expressed on merits — record remitted to Tribunal for further proceedings.

What did the court decide?

Record of the case to be sent back to the concerned Rent Control Tribunal forthwith for further proceedings in accordance with law. ¶¶22

Deepak Gandhi Vs Mennonite Board of Christion Education, Dhamtari — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Record of the case to be sent back to the concerned Rent Control Tribunal forthwith for further proceedings in accordance with law.

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Issue for consideration

Whether the C.G. Rent Control Tribunal correctly upheld the Rent Controller's order declining to adjudicate the disputed question of arrears of rent at the interlocutory stage and deferring it to the final hearing after recording and appreciating evidence, while the substantive eviction application remains pending.

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Court's answer

Since the substantive eviction application remains pending before the Rent Controller, the Tribunal rightly held that the question of payment of arrears of rent will be considered only after recording evidence of the parties and appreciating the oral and documentary evidence on record; that view is neither perverse nor contrary to the record.

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Ratio / Principle

The writ petition has no merit and is dismissed.

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Key takeaways

This Court has not expressed any opinion on the merits of the case.obiter¶¶23
The record of the case is to be sent back to the concerned Rent Control Tribunal forthwith for further proceedings in accordance with law.ratio¶¶24

Detailed headnote1 paragraphs

Chhattisgarh High Court (Division Bench) dismisses a tenant's WP227 petition challenging the C.G. Rent Control Tribunal's affirmation of the Rent Controller, Dhamtari's order dated 13.08.2020, whereby the landlord's application for payment of arrears of rent was rejected as a disputed question to be decided at the final hearing. Since the substantive application for eviction remains pending before the Rent Controller, the Bench holds that deferring the arrears question until evidence of the parties is recorded and the oral and documentary evidence is appreciated is neither perverse nor contrary to the record. The Court expressly reserves opinion on the merits and directs that the record be returned to the Rent Control Tribunal for further proceedings in accordance with law.

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SAURABH YADAV

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Digitally signed by SAURABH YADAV Date: 2025.09.18 11:19:14 +0530

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2025:CGHC:47676-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 8 of 2024

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Deepak Gandhi S/o Late Natwarlal Gandhi, aged about 62 years R/o Bastar Road, Dhamtari, Tahsil And District Dhamtari (C.G.)

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... Petitioner(s)

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Versus

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Mennonite Board Of Christian Education, Dhamtari Through - President, Pradeep Kumar Martin, Dhamtari, District Dhamtari (C.G.)

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... Respondent(s)

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For Petitioner : Mr. Hemant Kumar Agrawal, Advocate For Respondent : Mr. Shivang Dubey, Advocate

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Hon'ble Shri Justice Sanjay K. Agrawal

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Hon'ble Shri Justice Radhakishan Agrawal

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Order on Board

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17.09.2025

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Sanjay K. Agrawal, J.

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1 . This writ petition is directed against the order dated 02.02.2023, by which the appeal filed by the petitioner herein has been dismissed affirming the order dated 13.08.2020 passed by the Rent Controller, Dhamtari (C.G.).

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2 . The respondent-landlord filed an application for eviction before the Rent Controller and also filed an application for payment of arrears of rent. The Rent Controller by its order dated 13.08.2020 rejected the application holding that the question of arrears of rent is disputed and it will be decided at the time of final hearing after appreciating the oral and documentary evidence on record. Feeling aggrieved and dissatisfied, the tenant has preferred an appeal before the C.G. Rent Control Tribunal, which the Tribunal has dismissed the appeal finding no merit, against which this writ petition has been filed.

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3 . Since the substantive application for eviction is pending before the Rent Controller, the Tribunal has rightly held that the question of payment of arrears of rent will be considered after recording evidence of the parties and after appreciating the oral and documentary evidence brought on record, which is neither perverse nor contrary to the record. We do not find any merit in this writ petition and the same deserves to be and is accordingly dismissed.

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4 . It is made clear this Court has not expressed any opinion on the merit of the case.

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5 . The record of the case be sent back to the concerned Rent Control Tribunal forthwith for further proceedings in accordance with law.

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Sd/- Sd/-

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( Sanjay K. Agrawal ) ( Radhakishan Agrawal ) JUDGE JUDGE

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Saurabh

Deepak Gandhi v. Mennonite Board of Christion Education, Dhamtari

Case brief

What is this about?

What did the court decide?

Deepak Gandhi v. Mennonite Board of Christion Education, Dhamtari

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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