2017 AIR CC 2104 (CHH) ::ILR 2017 CHH 1156

Chhattisgarh High Court

Hon'ble Judge(s): Manindra Mohan Shrivastava , J

(A) Chhattisgarh Accommodation Control Act (41 of 1961) S. 12 (1)(a) — Eviction — Non-payment of arrears of rent — Landlord serving notice for demand of arrears of rent wrongfully to person who is not tenant — Tenant not served with any notice — Order of eviction cannot be passed against lawful tenant in absence of notice.

(B) Chhattisgarh Accommodation Control Act (41 of 1961) S. 12 (1)(b) — Eviction — Ground of sub-letting, assigning and parting with possession of property — Pleadings and evidence of landlord proving unlawful sub-letting and parting with possession of tenanted premises to lady using property for running classes and another part of property used by employees of hotel owned by tenant without permission or authority of landlord — Plea of tenant that no proof of parting of possession in lieu of consideration by tenant — Terms used in provision ' for consideration or otherwise' ? conveying consideration not essential ingredient for parting with possession of property — Landlord entitled to decree of eviction. (Paras 27, 28)

(C) Chhattisgarh Accommodation Control Act (41 of 1961) S. 12 (1)(d) — Eviction — Ground of non-user of premises for specified period for purposes for which it was let out — Burden of proof — Tenant not residing in tenanted premises for continuous period of more than one year — Evidence of parties revealing tenant seriously ill, bedridden and having no source of income residing with son — Landlord asserting tenant not residing in tenanted premises — Onus of proof shifted on tenant to discharge burden of proving reasonable cause for not using premises — Tenant failing to prove reasonable cause for not residing — Ground for eviction, made out — Landlord entitled to decree of eviction. AIR 1991 MP 191, Rel. on. Evidence Act (1 of 1872), S. 101. (Paras 30, 31, 32)

(D) Chhattisgarh Accommodation Control Act (41 of 1961) S. 12 (1)(i) — Eviction — On ground of tenant acquiring alternate accommodation — Alternate accommodation owned by daughter-in-law of tenant — No record to prove its ownership by tenant himself — Landlord not entitled to decree of eviction.