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SUPREME COURT OF INDIA
Hemant Gupta, J.B. Pardiwala, JJ.
Surinder Singh Dhillon & Ors. – Appellants
Versus
Vimal Jindal – Respondent
Civil Appeal No. 5539-5540 of 2022 [@ SLP (C) Nos. 21200-21201 of 2021]
Decided On : 22-08-2022
Rent Restriction Act - Tenant's Revision Petition - Section 15(5) of the East Punjab Rent Restriction Act, 1949 - Section 6 - The court held that the notice served by the landlord to increase the rent is irrelevant to determine the bonafide requirement of the premises. The demand of rent beyond the agreed rent is not permissible under Section 6 of the Act.
Fact of the Case:
The order dated 10.12.2021, in a revision petition filed by the tenant under Section 15(5) of the East Punjab Rent Restriction Act, 1949, was challenged. The matter was remitted to the appellate authority to consider the effect of notice served by one of the landlords calling upon the tenant to increase the rent.
Finding of the Court:
The court found that remitting the matter to the Appellate Authority by the High Court was unjustified in law. Consequently, the order passed by the High Court was set aside, and the Revision Petition was restored to its original number for decision by the High Court in accordance with law.
Issues: The main issue was the relevance of the notice served by the landlord to increase the rent in determining the bonafide requirement of the premises by the appellant.
Ratio Decidendi: The court held that the notice served by the landlord to increase the rent is irrelevant to determine the bonafide requirement of the premises. The demand of rent beyond the agreed rent is not permissible under Section 6 of the Act.
Final Decision: The appeals were disposed of, and any pending interlocutory application(s) were also disposed of.
ORDER
1. Leave granted.
2. The order dated 10.12.2021 is under challenge in the present appeals, whereby in a revision petition filed by the tenant under Section 15(5) of the East Punjab Rent Restriction Act, 1949, the matter was remitted to the appellate authority to consider the effect of notice served by one of the landlords calling upon the tenant to increase the rent.
3. The learned counsel appearing for the appellants argued that the Rent Controller and the Appellate Authority have passed an order of eviction finding bonafide requirement of the landlord. The demand of increase of rent is wholly irrelevant to determine the bonafide requirement of the premises by the appellant.
4. We find that even if a notice is served upon by a landlord to increase the rent, that notice has nothing to do with the bonafide requirement as the landlord is statutorily prohibited from increasing the rent in respect of the tenanted premises in terms of Section 6 of the Act. The demand of rent beyond the agreed rent is not permissible in terms of Section 6 of the Act.
5. Therefore, remitting the matter to the Appellate Authority by the High Court was unjustified in law. Consequently, the order passed by the High Court is set aside. The Revision Petition is restored to its original number. The same shall be decided by the High Court in accordance with law.
6. In view of above, the appeals are disposed of.
7. Pending interlocutory application(s), if any, is/are disposed of.
The court's decision was influenced by the applicability of the 1995 Act and the grounds for eviction under the East Punjab Urban Rent Restriction Act, 1949.
The recurring nature of the landlord's bona fide requirement justifies granting liberty to withdraw the eviction petition and file a fresh one on the same cause of action.
The Rent Controller has the jurisdiction to assess the actual rent of the demised premises and to direct the tenant to pay the arrears calculated on that basis, in order to meet the ends of justice.
The court upheld the eviction based on bonafide need and non-payment of rent, affirming lower court findings.
The court upheld the determination of rent based on oral evidence and official records, emphasizing the importance of documentary proof in rent disputes.
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