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ALKA SARIN
Raj Kumar – Appellant
Versus
Balbir Kaur – Respondent
ALKA SARIN, J.
1. The present revision petition under Article 227 of the Constitution of India has been filed challenging the order dated 06.09.2022 passed by the Rent Controller, Ludhiana and order dated 21.11.2022 passed by the Appellate Authority, Ludhiana affirming the order passed by the Rent Controller with a slight modification.
2. The brief facts relevant to the present lis are that the landlord-respondents filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for ejectment of the tenant-petitioner from the property in dispute i.e. one shop bearing No.1 built on the ground floor as described in the petition in detail on the ground of arrears of rent. The relationship of landlord and tenant was not denied and vide the impugned order dated 06.09.2022 the provisional rent was assessed. Aggrieved by the said order, an appeal was preferred by the tenant-petitioner which was disposed off vide order dated 21.11.2022 wherein the provisional assessment of rent was upheld with a modification regarding the rate. Aggrieved by the said orders, the present revision petition has been filed by the tenant-petitioner.
3. Learned counsel for the tenant-petitioner
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.
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 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.
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....
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.
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