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ALKA SARIN
Sukhwant Kaur – Appellant
Versus
Saroj Bhalla – Respondent
JUDGMENT
Alka Sarin, J.
The present revision petition has been preferred against the orders dated 24.09.2018 and 29.10.2018 passed by the Authorities below ordering the ejectment of the tenant-petitioner from the premises in dispute.
2. The brief facts relevant to the present lis are that the respondents filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Rent Act') for eviction of the tenant-petitioner from the residential premises described in detail in the ejectment petition. It was averred in the ejectment petition that the landlady-respondent No.1 was the registered owner of a house vide sale deed dated 25.05.1979 and that the premises had been let out to the tenant-petitioner at a monthly rent of Rs.800/- about 25 years ago which, at a later stage, was enhanced to Rs.900/- per month. Respondent No.2 - Sudarshan Bhalla - had been collecting rent from the tenant-petitioner against receipts. The ejectment petition was filed on the ground of arrears of rent from 01.07.2013 and on the ground of bonafide personal necessity. The bonafide personal necessity as stated in the ejectment petition was that the respondents
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.
The main legal point established in the judgment is that the Rent Controller has no jurisdiction to extend the period for tendering the provisionally assessed arrears of rent, and failure to comply w....
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.
A tenant's failure to deposit assessed provisional rent mandates eviction under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1976.
A tenant's failure to deposit assessed rent on time under the East Punjab Urban Rent Restriction Act, 1949 leads to automatic eviction, with no provision for extending the payment deadline.
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