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NAMIT KUMAR
Paramjit Kaur – Appellant
Versus
Parkash Jewellers – Respondent
JUDGMENT
Namit Kumar, J. - The instant revision petition has been preferred by the petitioner under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short the 1949 Act) impugning the order dated 19.04.2022 (Annexure P-1) passed by Rent Controller, Jalandhar, in Rent Petition No.202 of 2014 titled "Paramjit Kaur v. Parkash Jewellers", whereby application filed by the petitioner/landlord for ejectment of the respondent/tenant on account of non-deposit of provisional assessed rent, has been dismissed.
2. Brief facts relevant for the disposal of the present revision petition are that petitioner/landlord filed a petition under Section 13 of the 1949 Act for ejectment of the respondent/tenant from the shops shown in red colour in the site plan attached with the petition, situated at Gujrat Complex, Rainak Bazar, Jalandhar, on the ground of arrears of rent. Learned Rent Controller, Jalandhar, vide order dated 19.01.2018 provisionally assessed the rent and directed the respondent/tenant to make the payment on the next date of hearing i.e. 19.03.2018. Respondent/tenant challenged the said order by way of appeal before the Appellate Authority, which was dismissed vide ord
The tenant must deposit the provisional rent as assessed by the Rent Controller on the first date of hearing, and failure to do so warrants an ejectment order.
A tenant's failure to deposit assessed rent on time under the East Punjab Urban Rent Restriction Act, 1949 leads to automatic eviction, with no provision for extending the payment deadline.
The failure of a tenant to comply with a Rent Controller's order for provisional rent assessment necessitates eviction, as the Controller has no jurisdiction to extend the payment period.
Court confirms that a tenant's good faith intent to pay addresses eviction liability if the Rent Controller fails to accurately assess due rent, emphasizing fair enforcement of the law.
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