2024 (12) TMI 1593

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion of India the petitioners/applicants (landlord) are challenging the order dated 28-4- 2023 passed by the Chhattisgarh Rent Control Trubunal, Raipur (henceforth 'the Tribunal) in appeal No.12-A/2023 by which the learned Tribunal has allowed the appeal of the respondent No.1/non-applicant (tenant) and set aside the order dated 12-12-2022 passed by the Rent Control Authority (henceforth 'the Authority')/Sub Divisional Officer (Revenue) by which the Authority has passed the order with regard to eviction of the respondent and further directed to make payment of Rs.28,000/- to the petitioners herein towards arrears of rent. 3. (i) Facts of the matter, shorn of all unnecessary details, are that the petitioners preferred an application under....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n to the provisions of the Act, 2011. At the same time, the Tribunal observed in para 11 of the order impugned that no issues were framed and no evidence was called to prove such issue. The Tribunal also found that though affidavits of two witnesses were taken, but on which date the said affidavits were taken on record that has not been mentioned. It has also been observed that the application has not been moved as per the provisions of the Act, 2011. Even the SDO (R) has acted as the SDO (R), Champa and he has put his signature in the order sheet as the Presiding Officer of SDO (R) by registering a revenue case. 4. Though such findings were recorded by the Tribunal, but it allowed the appeal of the respondent No.1 and set aside the orde....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ting the fact that any wrong committed by the Authority/SDO (R) and any procedural defect should not be attributed to a party, who has approached the authority under a particular statute. The Tribunal ought to have remanded back the matter to the Authority/SDO (R) for a fresh decision on the application filed by the petitioner, who is a landlord. 7. In the matter of Jai Jai Ram Manohar Lal v National Building Material Supply, Gurgaon 1969 (1) SCC 869  the Supreme Court observed that Rules of procedure are intended to be a handmaid to the administration of justice. A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the Rules of procedure. 8. Further the Supreme Cour....