Smt. Chanchala Swain v. Sushil Wadhwa

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2884 of 2018

1. Smt. Chanchala Swain W/o. Late Shri Naresh Kumar Swain, Aged About 60 Years R/o House No. 20 New Indira Gandhi Ward No. 20, Dashmesh Transport, Narharpara Raipur, Civil And Revenue District Raipur Chhattisgarh

2. Tilatma Swain D/o. Late Shri Naresh Kumar Swain, Aged About 32 Years R/o House No. 20 New Indira Gandhi Ward No. 20, Dashmesh Transport, Narharpara Raipur, Civil And Revenue District Raipur Chhattisgarh

3. Smrita Swain Naresh Kumar Swain, Aged About 29 Years R/o House No. 20 New Indira Gandhi Ward No. 20, Dashmesh Transport, Narharpara Raipur, Civil And Revenue District Raipur Chhattisgarh ---- Petitioners

Versus

Sushil Wadhwa S/o. Late Shri Nevand Ram Wadhwa, R/o. Near The House Of Ex-Councilor Vinod Agrawal, Padaw Area, Gudiyari Raipur, Civil And Revenue District Raipur Chhattisgarh ---- Respondent For Petitioners : Shri Sunil Sahu, Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 23/10/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

On the arguments and submissions made, an order dated 12.10.2018 was passed directing the Petitioner to file a categorical affidavit that she will vacate the property in question by 15.11.2018 and clear all the outstanding dues. 2.

Today, counsel for the Petitioners submits that the Petitioner is not willing to file any affidavit and she wants further time to vacate the property in question. 3.

Perused the impugned order dated 21.08.2018 as well as the order dated 17.04.2018 passed by the Rent Control Appellate Tribunal, Raipur and Rent Controller, Raipur respectively.

4.

The relationship of landlord and tenant is established. The notice required under Section 12(2) of the Chhattisgarh Rent Control Act, 2011 giving a period of six months for vacating the premises in question is also proved and established. Keeping in mind the above factual and legal position and in absence of any other defence having been put up by the Petitioner, the impugned orders do not suffer from any infirmity and they are not required to be interfered with. 5.

The writ application is dismissed. The law will take its own course. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Anu