T..,/' /A HIGH COURT OF CHHATTISGH AT BJLASQJR (Hon. Rffr. Justice Pritinker Diwaker) WRIT PETiTION (227) No. 4056 of 2008 PETITiONER DefendantHTenant RESPONDENTS PSaintsffs/Land Lord VERSUS 1. 2. Vikram Djgania, Sto Pyraniai Digania, aged 28 years, R/o Shailendra Nagar, Raipur, Ahuja Sound, Shop No. A-2/1, Ground Floor, GE Road, Raipur. Thakur Da's, S/o Tikam Das^ aged aboyt 50 years, Smt Kaminj Devi, W/o Thakur Das, Aged 45years Both R/o in front of Gurudwara, Anand Nagar, Raipur (C.G.) MT. Sanjay S. AgrawaS, counsei for the petitioner. IVSr. Bhishm Kinger, counse for respondents. OF SNDSA O R D E R (08.04.20QS) Chailenge in this writ petition js to the order dated 21.04.2008 passed by Addiditionai District Judge, Raipur in Civii Sujt No.7-A/2008 ^vhereby the appjjcation fiied by the petitjoner/defendant under Section 13 (2) of the Chhattisgarh AccommodatJon Controi Act, 1961 (for short 'the Acf) has been rejected without holding any summary enqyjry and provisional rent to the tune of Rs.17,000 per month has been fjxed. 2) At the outset, counsel for the respondents ver^ fairiy states that the impugned order is not sustainabie in the eye of !aw. 3) In view of the statement made by Mr. Kinger and in the light of the decision of fhe Apex Court in the matter of JamnaiaS and others v. Radheshvam the petition is ailowed and the order jmpugned dated 1 (2000) 4SCC 380 -2-- 21.4.2008 is hereby set aside. The petitioner admits that h@ is desposlting Rs.12,000 per month as rent. 4) Counsei for both the parties submlts that in view of this order, the appjication fiied under Sectlon 13(2) of the Act wiil be rendered is Infructuous, Shri Kinger however submits that court beiow may be directed to dispose of the suit itself within some stipuiated time. Accordingiy, the court below Is dlrected to dispose of the suit as eariy as possible preferabiy within a period of six months from the date of receipt of copy of this-order 5) 3t is directed that the petitioner wili continue to deposlt rent of Rs.12,000/- per month which he is aiready doing, tli! the disposal of the suit. Neediess to mention here that the court below shall decide ail the Jssues framed by Et. Parties are expected to glve fuli co-operation to the Court for early disposa! of the sult. Sd/- Pritinker Diwaker Judge ^ Jyo