Shyam Sundar Shrivastava v. Mohammad Abdul Manna

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Civil Revision No. 32 of 2016 Shyam Sundar Shrivastava, S/o Late Sheelwrat Shrivastava, aged 66 years, R/o Gali No. 3, Bhawani Nagar, Korinbhata, Rajnandgaon, District- Rajnandgaon (C.G.) ..... Non-applicant ---- Petitioner

Versus

Mohammad Abdul Manna, S/o Late Mohammad Abdul Sattar, aged about 85 years, R/o Juni Hatri, Ward No.23, Rajnandgaon, District Rajnandgaon. ..... Applicant ---- Respondent For Petitioner :

Mr. Malay Shrivastava, Advocate.

For Respondent :

Mr. Malay Kumar Bhaduri, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/06/2016 (1) The respondent filed an application under Section 23-A of the Chhattisgarh Rent Control Act, 2011 against the petitioner on 07.07.2010. The Rent Controlling Authority (henceforth 'RCA') framed the issued in this Case on 25.07.2011, in which the petitioner filed an application under Order 14 Rule 5 of the CPC for framing the additional issue, but the Rent Control Officer rejected the application by a nonspeaking order without assigning any reasons. (2) After hearing learned counsel appearing for the applicant, order dated 19.01.2016, being not sustainable in law deserves to be and his hereby set aside, and the RCA is directed to reconsider the petitioner's application filed under Order 14 Rule 5 of the CPC afresh in accordance with law within a period of three months as the original application has

been filed on 07.07.2010.

(3) Parties are directed to appear before the Rent Controlling Authority on 4th July, 2016.

(4) Revision is allowed to the extent indicated hereinabove. Sd/- (Sanjay K. Agrawal) Judge D/-