AYAN SARKAR Vs. PRAKASH KUMAR JAISAWAL

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 11.12.2017 passed by Fourth Additional Judge, Raipur to the Court of First Additional District Judge, Raipur (C.G.) in Civil Suit No. 11-A/2013, wherein the said court decreed the suit filed by the respondent/ plaintiff for eviction of the appellants/ defendants from premise No. 14/56, area 194 sq.ft. (out of 636 sq.ft.) situated at Pt. Jawahar Lal Nehru Ward, Sindhi Market, Raipur shown in the map attached with the plaint, which is a shop and for payment of arrears of rent/ compensation.

(2.) The respondent/ plaintiff filed a suit on 21.01.2011 under Section 12(1)(a) and 12(1)(f) of the Chhattisgarh Accommodation Control Act, 1961 (for short "the Act, 1961") for eviction of the appellants/ defendants from the shop in question and arrears of rent. The appellants are running their business as a firm named and styled as M/s Raipur Agencies in the suit shop which was taken on rent by their father from erstwhile owner of the suit shop namely Ved Prakash Gulati, Balkrishna Gulati & Ravindra Kumar Gulati. The owners have sold the property on 26.02.2001 to the respondent through registered sale-deed and the respondent became landlord by operation of law. As per the appellants, the respondent issued a notice for eviction of shop and for payment of arrears of rent at the rate Rs. 2,500/- per month. The said notice was sent on 28.07.2010 which was not complied, therefore, the suit was filed.

(3.) Learned counsel for the appellants submits as under:-