HARKESH MANUJA
Bharti Airtel Limited – Appellant
Versus
Shakti Floor Roller Mills – Respondent
JUDGMENT
Harkesh Manuja, J. - By way of present revision petition, the petitioners-tenants have challenged the eviction, ordered against them on the basis of order dated 30.01.2014 passed by learned Rent Controller, Ludhiana, upheld vide order dated 04.08.2015 passed by the learned Appellate Authority, Ludhiana.
2. In the present case, the respondent-landlord filed an eviction petition against the petitioners on the ground of non-payment of rent. Vide order dated 06.01.2014, the learned Rent Controller, Ludhiana, assessed provisional rent to the tune of Rs.5,87,500/-along with interest & costs of the proceedings and the matter was adjourned to 30.01.2014, for payment of the amount assessed. On the date fixed i.e. 30.01.2014, petitioners did not deposit the amount, as such, on account of non-compliance of the provisional assessment order, eviction was passed against the petitioners and they were directed to hand over the vacant possession of the tenanted premises to the respondent herein.
3. It would be relevant to mention here that between 06.01.2014 to 30.01.2014, the petitioner-tenant did not question the validity of the provisional assessment order passed against it by the learned
Failure to challenge a provisional assessment order for rent before an eviction order is passed precludes the tenant from questioning the eviction or the amount of rent payable.
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-payment of provisionally assessed rent mandates eviction under the Punjab Rent Act.
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.
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.
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