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2022 Supreme(SC) 1586

HEMANT GUPTA, J. B. PARDIWALA
Surinder Singh Dhillon – Appellant
Versus
Vimal Jindal – Respondent


Advocates appeared:
Ms. Kaveeta Wadia, Advocate, Ms. Sruti Venugopal, Advocate, For the Appellant / Mr. Neeraj Kumar Jain, Sr. Advocate, Mr. Deepak Bansal, Advocate, Mr. Roopak Bansal, Advocate, Mr. Arup Ratan Dutta Chaudhury, Advocate, Mr. Ravi Kumar Tomar, Advocate, For the Respondent.

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

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