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H.S. Yadav v. Shakuntala Devi Parakh

Issue notice in the appeal returnable in six weeks.

(Ranjan Gogoi, C.J. and Deepak Gupta and Aniruddha Bose, JJ.)

H.S. Yadav ________________________________________ Appellant;

v.

Shakuntala Devi Parakh _____________________________ Respondent.

Civil Appeal No. 5153/2019, decided on July 5, 2019

(For Admission and IA No. 77985/2019-Ex-Parte Stay and IA No. 77988/2019-Exemption From Filing O.T.)

Civil Appeal No. 5153/2019

The Order of the court was delivered by

Order

1. Issue notice in the appeal returnable in six weeks.

2. Notice be given to the learned Advocate General of the State of Chhattisgarh and the learned Attorney General for India as to whether the provisions contained in Section 13(2) of the Chhattisgarh Rent Control Act, 2011 providing for an appeal to the Supreme Court of India against the order of the Rent Control Tribunal, Chhattisgarh would be within the legislative competence of the State Legislature.

3. It is submitted by learned counsel for the appellant that the possession of the property has since been handed over and the limited prayer for interim relief is against the execution of the order insofar as monetary portion of the same is concerned.

4. On due consideration, we direct that the order of the Rent Control Officer, so far as grant of monetary relief to the applicant before it is concerned, shall remain stayed.

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