Chhattisgarh High Court: In case of death of the original lessee, the successor who takes over the business is also considered as a lessee
Chhattisgarh Supreme Court: Radhakishan Sharma. Bilaspur (Naiduniya). In a case of Manendragarh, Chhattisgarh High Court made an important judgment which has now become an example of justice. It states that on the death of the original tenant, the successor who conducts business in his stead is considered a tenant under the Chhattisgarh Rent Control Act, 2011. They must pay rent to the landlord as per the contract.
Praveen Kumar, a resident of Manendragarh in Manendragarh-Chirmiri-Bharatpur district, challenged the decision of the Rent Control Tribunal by submitting a petition to the Chhattisgarh High Court through his lawyer. The petitioner had applied for deportation against Hari Lal Yadav. In it, it was said that Hari Lal Yadav’s father was his lodger and did hotel business. After the death of Ramdhari Yadav, the respondent became a tenant and the property was locked for the past two years. Defendant has not paid rent since December 30, 2000.
The petitioner sent a notice to the tenant on 3 February 2016 under the Chhattisgarh Rent Control Act, 2011. In response, the tenant claimed that he had become the owner. The petitioner then submitted an application to the Rent Control Authority, Manendragarh. The tenant stated in his reply that his father Ramdhari Yadav was the tenant and after his death the relationship of landlord and tenant between both parties came to an end. There has never been a relationship between the parties as landlord and tenant after the year 2000 and no rent has been paid or demanded in the past 18 years. That is why you have become the owner of the property.
Important note from the Supreme Court
The case was heard in the division bench of Justice Gautam Bhaduri and Justice NK Chandravanshi. The Departmental Bank notes that the defendant has accepted that his father was a tenant until the year 2000. This means that no rent has been paid since the year 2000. Defendant became the owner through illegal possession. The suit premises were not vacated even after filing the legal notice and request for eviction.
Before the Rental Committee, the suspect accepted the fact that the father of the suspect himself. Ramdhari Yadav was a tenant and after his death son Hari Lal Yadav is not a tenant. Because the lease ended after his death. The Division Bench overturned the Rent Control Authority and Rent Control Tribunal orders. In addition, the son of the deceased tenant has been given three months to leave the petitioner’s home.