1 2025:CGHC:22353-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 475 of 2025 Sheela Mishra W/o Late S.K. Mishra Aged About 50 Years R/o Agay Nagar, Block B / 237 Tehsil Or Jila Bilaspur Chhattisgarh. ... Petitioner versus 1 - Shankar Banerjee S/o Late Shukhandair Kumar Banerjee Aged About 70 Years R/o Agay Nagar, Block B /237, Bilaspur, Tahsil And Jila Bilaspur, (C.G.) Power Of Attorney Dr. Hemant Chatterjee, Age 61 Years S/o Late Hariprasad Chatterjee, Residence 25 Bangla, In Front Of Priyadarshini Nagar, Bilaspur, Jila Bilaspur Chhattisgarh. 2 - Rent Control Authority Bilaspur, C.G. Address Collectorate Bilaspur Chhattisgarh. 3 - Chhattisgarh State Rent Control Tribunal Raipur Chhattisgarh. ... Respondents For Petitioner : Ms. Priya Mishra, Advocate For Respondent(s) : Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Rakesh Mohan Pandey , Judge Order on Board Per Ramesh Sinha , Chief Justice 27.5.2025 1. Heard Ms.Priya Mishra, learned counsel for the petitioner. 2. The petitioner has preferred the instant petition under Article 226 of the Constitution of India seeking following relief(s):- 10.1. The Hon’ble Court may kindly be pleased to BINI PRADEEP Digitally signed by BINI PRADEEP 2 call for the entire records leading to filing of this petition for the kind perusal of this Hon’ble Court. 10.2 The Hon’ble Court may further kindly be pleased to quash the order dated rent control tribunal Raipur (CG) rejected the appeal No.60A/2024 Order passed on 9/04/2025. And Hon’ble Court may also quashed the order passed by Rent Control Authority Bilaspur (CG) case No.77/A-90(7)/2022-2023 may further kindly be pleased to quash the order dated 11/11/2024. 10.3. Any other relief which this Hon’ble Court deemed fit and proper may also kindly be granted to the petitioner in the interest of justice. 3. Brief facts necessary for disposal of this writ petition are that respondent No.1 Shankar Banerjee filed a petition before the Rent Control Authority, Bilaspur for eviction and arrears of rent against the petitioner, stating interalia that he is the owner of house consisting area of 1500 sq. ft. situated at Khasra No.125, PH No.22, Tahsil and Distt. Bilaspur (hereinafter referred as the ‘suit house’) and he has given the suit house for rent to the present petitioner on 01.10.2020 for Rs.7000/- per month and since then she is paying the rent. However, since February 2022 she has stopped paying the rent to respondent No.1. It is also stated that the suit house is required for personal use of respondent No.1 as his wife is suffering from Parkinson disease and for her treatment 3 they have to come from Amarapur, Maharashtra to Bilaspur. There is no other place for their stay during her treatment in Bilaspur, hence, there is bonafide need of the suit house for residence for treatment of his wife. Since the petitioner stopped paying the rent from February 2022, respondent No.1 sent a legal notice to her on 09.5.2023. After receiving the legal notice, the petitioner refused to vacate the suit house making excuses for not vacating the tenanted house. 4. The petitioner filed her reply stating that respondent No.1 has never resided in the suit house after purchasing the same on 04.01.1991. She has further stated that the suit house was not directly taken on rent from respondent No.1 but the same was taken through a mediator. In the rent agreement dated 01.01.2020, the reference of advance payment was not disclosed which was informed to the caretaker, but the agreement was not extended. Respondent No.1 received the rent from January 2020 to 01.02.2022 in cash and receipt of the same was not given to her. Since February 2022, respondent No.1 is harassing and pressurizing the petitioner to vacate the suit house. It is stated that she never refused to pay the rent amount, rather original receipt was not provided to her by respondent No.1, whereas, she has been paying the rent of the suit house regularly. 5. After hearing both the parties, learned Rent Control Authority, Bilaspur allowed the petition filed by respondent No.1 and 4 directed the petitioner to vacate the suit house and also to pay arrears of rent to respondent No.1. Being aggrieved by the said order, the petitioner filed appeal under Section 13 of the Chhattisgarh Rent Control Act, 2011 before Chhattisgarh Rent Control Tribunal, Raipur, but the same was dismissed by the learned Tribunal. Being aggrieved by the same, the petitioner has preferred instant petition. 6. Learned counsel for the petitioner submits that though the petitioner was regularly paying the rent, but respondent No.1 has not issued any receipt against her payment, therefore she stopped payment of rent. She further submits that learned Rent Control Authority, Bilaspur illegally allowed the petition filed by respondent No.1 and the same has been affirmed by learned Tribunal without considering the facts of the case. She further submits that the petitioner is ready and willing to pay the arrears of rent. Hence, it is prayed that this petition may be allowed and the orders passed by learned Rent Control Authority and learned Tribunal deserve to be set aside. 7. We have heard learned counsel for the petitioner, perused the impugned orders passed by both the authorities and other documents appended with writ petition. 8. From perusal of the records, it transpires that learned Rent Control Authority, Bilaspur vide its order dated 11.11.2024 held as under:- “01. Non-applicant Sheela Mishra is ordered to hand 5 over the vacant possession of the house with concrete lintel built on a piece of land measuring 1500 square feet in khasra No.125 in village Ageya Nagar P.H.No.22 Tahsil and District owned by applicant Shankar Banerjee, which she occupies as a tenant, to the general attorney of applicant building owner Shankar Banerjee Dr.Hemant Chatterjee, within one month from the date of order. 02. Non-applicant Sheela Mishra is also ordered to pay the outstanding rent of the suit house from February 2022 till the date of handing over the vacant possession at the rate of Rs.7000/- per month to the applicant.” 9. Against the order passed by learned Rent Control Authority, Bilaspur the petitioner has filed appeal before the Chhattisgarh Rent Control Tribunal, Raipur and by the impugned order learned Tribunal has held that the petitioner has not paid the rent since February 2022, therefore, she was found to be habitual defaulter due to non-payment of rent and on the basis of this, notice was served by respondent No.1 to the petitioner demanding outstanding rent from March 2022 to May 2023 and dismissed the appeal filed by the petitioner affirming the order passed by the Rent Control Authority, Bilaspur. 10. 10. Considering the submissions advanced by learned counsel for the petitioner and perusing the findings recorded by learned Rent 6 Control Authority as well as learned Tribunal, we are of the considered opinion that both the authorities have not committed any illegality or irregularity which warrants interference by this Court. 11. Accordingly,the writ petition being devoid of merit is liable to be and is hereby dismissed. No cost(s). Sd/- Sd/- (Rakesh Mohan Pandey) (Ramesh Sinha) (Judge) Chief Justice Bini