Vijay Shankar Pandey v. Shriramchandra Swami, Bhagirathi Temple Trust

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 726 of 2018 • Vijay Shankar Pandey S/o Late Shri Ram Prabhav Pandey Aged About 61 Years Proprietor Pandey Enterprises, R/o Infront Of Bhagirathi, Yanapara, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

• Shriramchandra Swami, Bhagirathi Temple Trust Through Chief Trusty And Sarwakar, Arun Kumar Dubey, R/o Bhagirathi Mandir Parisar Nayapara, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Petitioner : Shri Yogendra Chaturvedi, Advocate For Respondent : None present.

Hon'ble Shri Justice Pritinker Diwaker Hon'ble Smt. Justice Rajani Dubey Order on Board by Pritinker Diwaker, J.

06/09/2018 Heard on admission.

Present petition has been filed assailing the order dated 22.06.2018 passed by CG Rent Controlling Tribunal in the appeal preferred by the petitioner.

The petitioner is a tenant of respondent and eviction proceedings were initiated against him and the Rent Controlling Authority has passed the order on 03.01.2018 for eviction of the petitioner. The said order was unsuccessfully challenged before the Tribunal. Counsel for the petitioner submits that the respondent is a trustee and was not competent to file the application seeking eviction of the petitioner. He has pointed out that vacant possession of the shop in question

has already been given to the respondent.

Rent Controlling Authority and the Tribunal both have considered all the aspects of the case and concurrent finding has been given. We find no reason to interfere with the well reasoned orders passed by the Authority and the Tribunal. The petition has no substance and is accordingly dismissed.

Sd/- Sd/- (Pritinker Diwaker) (Rajani Dubey) Judge Judge suguna