JUDGEMENT
INDIRA BANERJEE, J. -
(1.) This appeal, purportedly under Section 13(2) of the
Chhattisgarh Rent Control Act, 2011, hereinafter referred to as the
"Rent Control Act ", is against an order dated 1.12.2015 of the Rent
Control Tribunal at Raipur, confirming an order dated 14.09.2015
passed by the Rent Control Authority, whereby an application filed
by the respondent-landlord for eviction of the appellant tenant
under Section 12 of the Rent Control Act has been allowed.
(2.) Section 13(2) of the Rent Control Act provides:-
(1) Notwithstanding anything to the contrary contained in this Act, a landlord and/or tenant aggrieved by any order of the Rent Controller shall have the right to appeal in the prescribed manner within the prescribed time to the Rent Control Tribunal.
(2) Appeal against an order of the Rent Control Tribunal shall lie with the Supreme Court.
(3.) By an order dated 18.4.2016, a Bench of this Court expressed serious doubts about the maintainability of the appeal,
observing that the State of Chhattishgarh prima facie lacked
legislative competence to enact law providing for statutory appeals
directly to the Supreme Court, from the orders of a Tribunal.
Notice was, accordingly, directed to be issued to the Attorney
General for India and the Advocate General for the State of
Chhattisgarh.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.