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High Court Of ChhattisgarhWPC/2301/2017dismissed

Mannat Suit And Saree v. Ashok Tripathi

2018-07-10Hon'Ble The Chief Justice,Hon'Ble Shri Justice Pritinker Diwaker2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2301 of 2017 {Arising out of Order dated 17.08.2017 passed in Appeal No. 27-A/2017 by the Chhattisgarh Rent Control Tribunal, Raipur } Mannat Suit And Saree Near Mansaroar Lodge, Gole Bazar, Bilaspur Chhattisgarh, Through Its Proprietor Raja Singh, S/o Shri Ravel Singh, CastePunjabi, R/o Jini Line, Near Santosh Lodge, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

1. Ashok Tripathi S/o Harishankar Tripathi Aged About 61 Years R/o Karbala Road , Bilaspur, Tahsil And District - Bilaspur, Chhattisgarh.

2. Arvind Tripathi S/o Harishankar Tripathi Aged About 58 Years R/o Madyanagari Chowk, Azad Chowk, Masangang, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh.

3. VIP Suit Sales Shop of Clothes, Mansaroar Lodge, Gole Bazar, Bilaspur, Chhattisgarh Through Nawab Ahmad, R/o Telipara, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

---- Respondents For Petitioner : Shri Malay Shrivastava, Advocate.

For Respondents : Shri Y.C. Sharma, Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Pritinker Diwaker, Judge Order on Board Per Ajay Kumar Tripathi, Chief Justice 10/07/2018 1.

The concurrent findings of fact, the relationship of the landlord and the tenant is not denied. The default has been found. During course of hearing, nothing has been pointed out from the impugned order or orders which would compel us to interfere with the said decisions. 2.

However, taking the humanitarian consideration as one of the aspect, the Petitioner, who happens to be the tenant, is directed to vacate and hand

over peaceful possession of the property to the landlord within 30 days from today.

3.

It is made clear that if the above concession which has been granted to the Petitioner is not carried out and obeyed, then the Court may consider initiating suo moto contempt against the Petitioner and may deal with him under the law.

4.

The writ application stands dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Pritinker Diwaker) CHIEF JUSTICE JUDGE Amit