•i~ HIGH COURT OF CHHATT1SGARH AT BILASPUR Civil Revision No. 184/2006 Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. PETITIONER NON-APPLICANT RESPONDENTS APPLICANT Manohar Rao Dumbhare, S/o Shri Rambhau Dumbhare, aged about 56 years, R/o Near Ambadevl Mandir, Sattl Bazar, Raipur (C.G.) Versus 1. Balubhai PateS S/o Laljibhai Patel, aged about 78 years, R/o Pushpa, Smriti Ravinagar, Shukla Co!ony, Rajatatab, Raipur (C.Q.) 2. Bhaskar Rao Dumbhare, Rambhau Dumbhare, aged about 42 years, R/o Near Ambadevi IVIandir, Satt? Bazar, Raipur (C.G.) 3. The Rent Controliing Authority, Raipur, Coltectorate Campus, Raipur, (C.G.) Present:- Shri S.C.Verma, iearned counse! for the applicant. Shri M.K.Dubey, learned counsel for the respondent No.1. ORALORDER (Passedont 9th March, 2007) The following ora! order of the Court was passed by Dilip Raosaheb Deshmukh, J. At the request of iearned counsei for the parties. this Civii Revislon is being finaISy disposed of at the stage of admission. (2) Heard finally on admission. (3) The petitioner herein has impugned the order of restitution dated 20.11.2006 passed by the Rent Controlling Authority, Raipur in Case No.11-B/121 of the year-2005-06 whereunder the iandlord was required to deliver possession ofthe demised premlses to the tenant. (4) Brief facts are that in eviction proceedings before the Rent Controlling Authority, Raipur, a compromise was arrived at befrween the 1- parties. The statement of the tenant was recorded whereunder he specifically denied certain averments made in the compromise petition. The learned Rent Controliing Authority witrtout arriving at a satisfaction that the matter was adjusted wholly or in part by any lawfu! agreement obser^ed that the tenant had handed over possession of a part of demised premises to the iandiord and shali deiiver possession of the remainder on or before 27-07-1996. It ordered the eviction proceedings to be fiied. in compliance to such an order, the Rent Controiiing Authority in execution proceedings initiated by the Legal representatives of the deceased-Iandiord evicted the tenant cn 17.08.1996 from the remaining portion in occupation of the tenant and delivered possession of the same property to the landlord. The respondent-tenant preferred a Civii Revision No.2225/1996 before the High Court of Chhattisgarh at Bilaspur questioning the iegaiity of the order passed by the Rent ControIIing Authority in execution proceedings whereunder possession offhe remaining portion ofthe suit accommodation was delivered to the iandlord. By an order dated 20-02" 2006, High Court quashed the execution proceedings being iliegai and irreguiar on the ground that the Rent Controiling Authority without arriving at a satisfaction as required under Order-23 Ruie-3 of C.P.C. that an unlawfui agreement has been arrived at between the parties evicted the tenant from a portion of the demised premises.it was also observed therein that the finai order dated 01.09.1992 passed by the Rent Confroliing Authority did not contain any direction to evict the tenant from the suit accommodation and was therefore not executable. In pursuance to the aforesaid order passed by the High Court of Chhattisgarh, the Rent Controliing Authority ordered restltution by directing thatthe tenant be put in possession of the remaining portion of the demised premises, (5) Shri S. C. Verma, iearned counsej for the applicant has not been able to demonstrate any iilegaiity in the impugned order passed by the Rent Controlling Authority. Once the High Court quashed the execution proceedings being illegal, the Rent Controiiing Authority was bound to restore the status quo ante which it did by the impugned order dated ^'— 3 20.11.2006. The impugned order of restitution in compliance to an order passed by the High Court of Chhattisgarh in Civi! Revision No.2225/1996 vide order dated 20-02-2006 is impeccable. (6) !n the resutt, this Civii Revision being devoid of merit is dismissed at the stage of admission. (7) !n view of above, M.(C.)P.No.2195/2006 for grant of stay, I.A.No.386/2007 for exemption from fiiing English translation of the documents stand disposed of. Certified copy as per ruies. Sd/- Dilip Raosaheb Deshmukh Judge Tumane J KI