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.

JUDGMENT

Alka Sarin, J. (Oral)

The challenge in the present revision petition is to the orders of ejectment passed against the tenant-petitioner. The Rent Controller, vide order dated 19.04.2022, ordered the tenant-petitioner to be evicted on his failure to pay the assessed rent. Aggrieved by the same, an appeal was preferred which was also dismissed by the Appellate Authority vide order dated 28.04.2023.

2. The brief facts relevant to the present lis are that the provisional rent was assessed by the Rent Controller vide order dated 21.03.2022 in the presence of both the counsel for the parties and after hearing them. Para 3 of the said order reads as under :

"3. Thus, from the pleadings of both the parties, it is clear that relationship between both the parties of landlord and tenant is admitted. Moreover, there is no dispute qua the rate of rent of Rs. 600/- per month. Though, the respondent has alleged that he is paying rate of rent regularly, but he has failed to produce any receipt qua the payment of rent. As it is settled law that the rate of rent is to be proved by the landlord and the payment of rent is required to be proved by the tenant. Herein in this case, the respondent has failed to prove the payment of rent since April 2018 till date to petitioner, as such, period of arrears of rent is to be taken from April 2018 as alleged by the petitioner. As such, in view of these facts, provisional rent is hereby assessed as under :-

4. The respondent is directed to pay arrears of rent along with interest and costs as provisionally assessed, which is rounded off to be Rs. 33,328/- to petitioner on 19.04.2022. For evidence of petitioner, to come up on date fixed."

3. Vide the order dated 21.03.2022 the petitioner was granted time upto 19.04.2022 to pay the arrears of rent alongwith interest and costs as provisionally assessed. Vide order dated 19.04.2022 eviction of the tenant-petitioner was ordered in view of the judgment of the Hon'ble Supreme Court in the case of Rakesh Wadhawan & Ors. v. Jagdamba Industrial Corporation & Ors. [(2002) 5 SCC 440] since he failed to tender the provisional rent despite the Court having waited till 04.00 PM. Three months' time was granted to the tenant-petitioner to hand over vacant possession. Aggrieved by the said order an appeal was preferred by the tenant-petitioner which was time barred. It is apt to note that the appeal was filed by the same counsel in whose presence the provisional rent was assessed and eviction order was passed. The delay in filing the appeal was condoned. Before the Appellate Authority it was the case set up that the tenant-petitioner had fallen sick and was not in a condition to pay the rent. It was further the case set-up that there was a function in the family and the tenant-petitioner remained busy in the said function. It was further the stand taken that the tenant-petitioner was ready to tender the arrears of rent as per the assessment order and that the Rent Controller ought to have granted an opportunity to tender the rent. The appeal was dismissed vide order dated 28.04.2023 with the following observations :

"11. After giving anxious thoughts to the rival contentions and going through the record of the case, this Court is of the considered view that there is no merit in the contentions raised by learned counsel for the appellant. As per the law laid down by Hon'ble Supreme Court in Rakesh Wadhawan's case (supra), when the tenant fails to comply with the order regarding provisional assessment of arrears of rent, interest and costs, the Rent Controller is required to straightway order eviction of the tenant from the premi