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ALKA SARIN
Rajinder Singh – Appellant
Versus
Chhotu Ram Kisan College, Jind – Respondent
JUDGMENT
Alka Sarin, J. (Oral) - The present revision petition has been filed against the orders of ejectment dated 24.08.2021 and 06.05.2022 passed by the Rent Controller, Jind and the Appellate Authority, Jind, respectively.
2. Brief facts relevant to the present lis are that the landlordrespondent filed an ejectment petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the 'Haryana Rent Act') for ejectment of the tenant-petitioner from Shop Nos.4 and 5 of Chhotu Ram Kisan College, Jind situated at Railway Road, Jind, described fully in the ejectment petition. The Rent Controller, Jind vide order dated 09.08.2021 had assessed the provisional rent along with interest and costs as Rs. 92788.65 paise and the tenant-petitioner was given 15 days' time for tendering the same and the matter was adjourned to 24.08.2021. The tenant-petitioner failed to deposit the provisional rent and in view of the law laid down by the Hon'ble Supreme Court in the case of Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation [2002(5) SCC 440], vide order dated 24.08.2021 ejectment of the tenant-petitioner was ordered and the tenant-petitioner wa
Non-compliance with the provisional rent assessment under Section 13(2)(i) of the Haryana Rent Act justified the tenant's ejectment, as per the interpretation of the law laid down by the Supreme Cour....
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.
Compliance with provisional assessment of rent is crucial for an order of eviction, and grounds for eviction must be part of the main ejectment petition.
The main legal point established in the judgment is that under Section 13(2)(i) of the Haryana Rent Act, the tenant must tender the assessed rent on the first date after assessment, failure of which ....
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.
Non-compliance with provisional rent orders can lead to eviction, and concealing facts from the court constitutes misuse of the legal process.
The tenant's failure to pay the assessed provisional rent justifies eviction under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
The tenant is obligated to make timely payments of arrears of rent as determined by the Rent Controller/Appellate Authority, and failure to do so can lead to eviction.
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