Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1799

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Alka Sarin, J.
Vijay Singla – Appellant
Versus
Lajwanti (since Deceased Through Her Lrs) & Ors. – Respondents
CR. No. 1164 of 2022 (O&M)
Decided On : 10-05-2022

Advocates appeared:
Mr. Sumeet Goel, Senior Advocate with Mr. Samir Rathaur, Advocate, for the Appellant;

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 would lead to eviction.

Headnote:
Non-payment of Rent - Haryana Urban (Control of Rent and Eviction) Act, 1973 - Section 13 - [Haryana Rent Act] - [Section 13(2)(i)]
Fact of the Case:

The respondent-landlord filed a petition for ejectment under Section 13 of the Haryana Rent Act seeking eviction of the petitioner-tenant from a shop on the ground of bona fide personal requirement and non-payment of rent. The Rent Controller assessed the provisional rent and adjourned the matter for tendering the rent. The petitioner-tenant failed to tender the rent, leading to eviction orders.
Finding of the Court:

The court found that the petitioner-tenant failed to tender the assessed rent on the specified date, leading to the conclusion that the petitioner-tenant would be liable to be evicted from the premises.
Issues: The issues revolved around the non-payment of rent by the petitioner-tenant despite the assessment of provisional rent and the subsequent orders for tendering the rent.
Ratio Decidendi: The court relied on the interpretation of Section 13(2)(i) of the Haryana Rent Act, emphasizing that the first date after assessment of rent is the cut-off date for the tenant to tender the rent. Failure to do so would result in an order of eviction.
Final Decision: The court upheld the eviction orders passed by the authorities below, dismissing the revision petition for being devoid of merit.

JUDGMENT

Alka Sarin, J. - The present revision petition has been filed impugning the order dated 11.10.2019 passed by the Rent Controller, Kaithal and order dated 22.02.2022 passed by the Appellate Authority, Kaithal whereby the eviction of the petitioner-tenant has been ordered on account of non-payment of rent.

2. The brief facts relevant to the present lis are that the respondent-landlord filed a petition for ejectment under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'Haryana Rent Act') seeking eviction of the petitionertenant from a shop measuring 7 ft. x 24.3 ft. with verandah bearing MCK No.4/10 and ID No.112C273U229 Ward No.14, Zone situated at Pehowa Chowk falling within the municipal limits of Municipal Council, Kaithal on the ground of bona fide personal requirement and non-payment of rent. The Rent Controller, vide order dated 07.10.2016, assessed the provisional rent in the case and adjourned the matter to 14.10.2016 for tendering the rent. On 14.10.2016, since the Rent Controller was on leave, the file was put up before the Duty Judge who adjourned the same to 24.10.2016. On 24.10.2016 the petitioner-tenant filed an application for permission to tender the rent before the Rent Controller. However, the respondent-landlord made a statement that he was not ready to accept the rent. The respondent-landlord contested the application filed by the petitioner-tenant for tendering the rent. Thereafter, the petitioner-tenant filed an application dated 03.08.2018 for treating the rent tendered on 24.10.2016 to be valid. The said application was also contested by the respondent-landlord. Thereafter, the petitionertenant once again filed an application on 24.04.2019 requesting the Rent Controller to pass appropriate order. The said application was also contested by the respondent-landlord by filing a reply. Vide the impugned order dated 11.10.2019 all three applications were decided and eviction of the petitionertenant was ordered on the ground of non-payment of rent. Aggrieved by the said order, the petitioner-tenant filed an appeal under Section 15 of the Haryana Rent Act before the Appellate Authority, Kaithal and vide impugned order dated 22.02.2022 the appeal of the petitioner-tenant was dismissed. Aggrieved by the orders passed by the authorities below, the present revision petition has been filed.

3. Learned senior counsel for the petitioner has contended that the authorities below have erred in law in ordering the eviction of the petitionertenant on the ground of non-payment of rent. Learned counsel has argued that on 19.09.2016 the matter was adjourned to 25.10.2016. However, the date was subsequently changed to 07.10.2016 without notice to the petitioner-tenant. It is further the contention that the said fact was clearly borne out from perusal of the dates fixed on the record file of the Rent Controller. It has further been contended by learned counsel for the petitioner-tenant that when the matter was listed on 07.10.2016 and 14.10.2016, no one appeared on behalf of the petitioner-tenant but the presence of the counsel for the petitioner was wrongly marked in routine by tahnde Rent Controller and by the Duty Judge and as such no liability can be fastened upon the petitioner-tenant for not tendering the rent on 14.10.2016.

4. Learned counsel has further contended that judgment in Rakesh Wadhawan vs. M/s Jagdamba Industrial Corporation & Ors. [2002(1) RCR (Rent) 514] does not consider the provision of the Haryana Rent Act wherein under Section 13(2)(i) a proviso has been inserted which is not there in the Punjab Rent Act and which proviso reads as under :

'Provided that if the tenant, within a period of fifteen days of the first hearing of the application for ejectment after due service, pays or tenders the arrears of rent and interest, to be calculated by the Controller, at eight per cent per annum on such arrears together with such costs of the application, if