Appeilant Piaintiff HIGH COURT OF CHHATTiSQARH AT BtLASPUR Second Appeal No.266 of 2011 Mahesh Porte, aged about 49 years, S/o Dilbandhu, R/o Viiiage Kedarpur, Nagar Ambikapur, Tahsii Ambikapin', Distt.Surguja (C.G.) Respondent usteliualit Versus Vinod Tiwari, aged about 39 yeais, S/u !aie KiishnaeiieKWl Tiwari, R/o Near Tivrari Building, Kedarpur, Ambikapur, Distt.Surguja (C.G.) (Second Appea! under Section 100 oftheCPC) Mr.Rahui Mishra, counsel forthe appeiiant. (SB: Hon'ble Mr. T.P. Sharma, J.) ORDER(ORAU (19-8-2011) 1. By this Second Appeai under S®;ttori 100 of the Code of Civil Procedure, the appellant has chatlsnged the legatity & propriety of tte judgment & decree of dismissal of appeai dated 25.2.2811 p^sed by the Third Additional District Judge (F.T.C.). Surguja, in Civil Appeai No.24A/09, affirming the judgment & decree of dismlssal of civii suit for eviction and recov^y of arrears of rent dated 30.4.2009 passed by ie Third Civil Judge Class-11, Ambitepur in Civil Suit No.18/07. 2. i have heard leamed counsel for the appeliant, perused the judgment and decree impugned, judgmsnt and decree of the trial C®urtand records of the Courts beiow. 3. Both the Courts below have arrived at e finding tiiat the present appeliant has faiiedto provg'the relstionship of iandiord and tenant and also faiied to prove the person entitied for possession under Section 12 (1) (8)0fthe Chhattisgarh Accommodation Control Act, 1961. 4. !n summery proceeding, the appeliant is not rsquired to establish hte title as required in ease of regular suit or deciaration oftitle. ,5. At tbis stage, counsel for the appetlant aibmits that'the appeliant will fi!e suit for dectaration of his titie and possession. fta -X 5. On due conslderation, i do not find any substantial question of iawfor decision of this second appeal and also in the iight ofsubmission made by counsel for the appeiiant. Consequentiy, the appea! is iiable to bs dismissed and it is hereby dlsmissed at the motion stage itseif. No order as to cosfs. Sd/- T.P. Sharma Judge [ 'ws""" IFX^ ^•'fe.^.i,. ».=—^^(—