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ALKA SARIN
Capt. Amrit Pal Singh – Appellant
Versus
Parveen Guraya – Respondent
JUDGMENT
Alka Sarin, J. - The challenge in the present revision petition is to the order dated 15.11.2021 passed by the Rent Controller assessing the provisional rent @ Rs.47,000/- per month from 01.10.2017 till 30.11.2021 along with interest and costs totalling Rs.26,51,625/- and to the order dated 21.12.2021 passed by the Appellate Authority whereby the appeal preferred by the tenant-petitioner against order dated 15.11.2021 has been dismissed.
2. The facts in brief, as available on the file and from the zimni orders available on the website of the District Court, Chandigarh, are that the landlady-respondent had filed an ejectment application seeking eviction of the tenant-petitioner from the premises in dispute on the ground of nonpayment of rent. Vide impugned order dated 15.11.2021 the Rent Controller provisionally assessed the arrears of rent from 01.10.2017 till date (30.11.2021) @ Rs.47,000/- per month totaling Rs.23,50,000/-, interest was assessed at Rs.2,99,625/- and costs were assessed at Rs.2,000/-. The matter was adjourned to 23.12.2021 for payment of the provisional rent. The tenant-petitioner filed an appeal (RA-37-2021) against the order dated 15.11.2021 passed by the
The court emphasized the importance of evidence and the need for arguments to be based on the written statement.
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.
Non-compliance with provisional rent orders can lead to eviction, and concealing facts from the court constitutes misuse of the legal process.
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 tenant's conduct amounted to misuse, and failure to pay provisional rent led to the orders of eviction being upheld.
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