High Court Of ChhattisgarhWPC/1415/2016disposed off

Kangalu Shrivas v. Smt. Geeta Devi

2016-08-22Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1415 of 2016 • Kangalu Shrivas S/o Late Shri Shiv Prasad Shrivas, Aged About 76 Years R/o Mohalla Kaidimuda, Raigarh Place Of Occupation : Ramniwas Talkies Road, City Raigarh, Thana, Tahsil & Distt. Raigarh, Chhattisgarh.

---- Petitioner

Versus

1. Smt. Geeta Devi Wd/o Late Nathu Lal Aged About 68 Years R/o Ramniwas Talkies Road, City Raigarh, Thana, Tahsil & Distt. Raigarh, Chhattisgarh.

2. Balkishan S/o Late Nathu Lal Aged About 45 Years R/o Ramniwas Talkies Road, City Raigarh, Thana, Tahsil & Distt. Raigarh, Chhattisgarh.

3. Jaikishan S/o Late Nathu Lal Aged About 44 Years R/o Ramniwas Talkies Road, City Raigarh, Thana, Tahsil & Distt. Raigarh, Chhattisgarh.

4. The Rent Control Tribunal, Office Of Rent Control Tribunal, Thana Raipur, Tah. And Distt. Raipur (Chhattisgarh)

5. The Rent Control Officer, Office Of The Rent Control Officer, Thana Raigarh Tah. & Distt. Raigarh (Chhattisgarh) ---- Respondent For Petitioner : Shri N.K. Malviya, Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 22/08/2016

1. In a proceeding between the landlord and the tenant before the Rent Controlling Authority (for short 'the RCA'), the RCA has deferred the decision on petitioner's application under Order 11 Rule 12 CPC by which the petitioner has sought the respondents/landlords to

produce the documents by which he has sold premises to some other person.

2. Having heard learned counsel for the petitioner at length, it appears, the RCA has deferred the application to be decided at the stage of final hearing. Since no decision has yet been taken on the application, the Writ Petition is disposed of with an observation that if the petitioner is successful in obtaining any other document on the issue for which the application under Order 11 Rule 12 of the CPC has been moved, he would be at liberty to submit those documents before the RCA. While deciding the application under Order 11 Rule 12 CPC, the RCA shall provide full opportunity to the petitioner to present his case.

Sd/- Judge (Prashant Kumar Mishra) Barve