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ALKA SARIN
Lalita Devi – Appellant
Versus
Vivek – Respondent
JUDGMENT
Alka Sarin, J. - The challenge in the present revision petition is to the order dated 21.03.2022 passed by the Rent Controller assessing the provisional rent @ Rs.2,500/- per month from 01.09.2019 till 31.03.2022 along with interest and costs totalling Rs.84,700/- and to the order dated 07.05.2022 passed by the Appellate Authority whereby the appeal preferred by the tenant-petitioner against order dated 21.03.2022 has been dismissed.
2. The facts in brief are that the landlord-respondent had filed an ejectment application seeking eviction of the tenant-petitioner from the premises in dispute on the ground of non-payment of rent and personal necessity. Vide impugned order dated 21.03.2022 the Rent Controller provisionally assessed the arrears of rent from 01.09.2019 till 31.03.2022 @ Rs.2,500/- per month totaling Rs.77,500/-, interest was assessed at Rs.6,200/- and costs were assessed at Rs.1,000/-. The matter was adjourned to 09.05.2022 for payment of the provisional rent. The tenant-petitioner filed an appeal (RA-44-2022) against the order dated 21.03.2022 passed by the Rent Controller. However, vide impugned order dated 07.05.2022 the said appeal was dismissed.
3. Learned c
Compliance with provisional rent assessment under Section 13(2)(i) of the East Punjab Urban Restriction Act, 1949 and the ongoing inquiry by the Rent Controller to adjudicate the dispute.
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.
The court emphasized the importance of evidence and the need for arguments to be based on the written statement.
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.
The court upheld the provisional rent assessment and eviction order, emphasizing the tenant's obligation to comply with rent orders to avoid eviction.
The main legal point established in the judgment is the process of provisional rent assessment by the Rent Controller, subject to final adjudication, and the possibility of refunding the excess amoun....
The obligation of the Rent Controller to make an assessment of the provisional rent and the possibility of refund if the final adjudication is at variance with the provisional order.
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 main legal point established in the judgment is that the Rent Controller has no jurisdiction to extend the period for tendering the provisionally assessed arrears of rent, and failure to comply w....
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