The court upheld the provisional rent assessment but set aside the requirement for the tenant to deposit arrears, emphasizing the need for evidence in disputes over rent payments.

JUDGMENT

Mrs. Archana Puri, J.

The petitioner-tenant has filed this revision petition, thereby, assailing the order dated 30.01.2023 passed by learned Rent Controller, whereby, the provisional rent for the premises in question w.e.f. 01.01.2020 to 31.01.2023 @ Rs. 25,000/- per month was assessed, together with the interest component and costs, total amounting to Rs. 9,05,083/-. Further, challenge is to the order dated 14.07.2023 passed by learned Appellate Authority, Panchkula, thereby, dismissing the appeal preferred by the petitioner-tenant, against the assessment of the provisional rent.

2. The facts, germane to be noted, are as follows:-

That, respondent-landlady Manjushree had filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973, thereby, seeking eviction of the petitioner-tenant from the tenanted premises i.e. House No.818, Sector 12, Panchkula. As per claim of the landlady, the ground floor of the house in question was rented out to the petitioner-tenant vide lease deed dated 01.02.2019 for a period of 11 months, w.e.f. 01.02.2019 to 31.12.2019. The agreed monthly rent of the demised premises was Rs. 25,000/- per month, payable in advance by 1st day of each English Calendar, through an account payee cheque, drawn on any bank at Panchkula or Chandigarh, in favour of respondent-landlady. Also, the lease deed contained the recital with regard to no other mode of payment shall be valid. Besides the same, there were other terms and conditions relating to the tenancy, which were reproduced in the lease deed in question.

3. In the eviction petition, besides dilating upon the conduct of the petitioner-tenant, thereby, proving to be not a good tenant, the respondent-landlady also set up a ground of personal necessity for the settlement of her son in India. Further, it is also stated that petitioner-tenant did not pay the rent w.e.f. 01.01.2020 to 31.05.2022.

4. In reply, the petitioner-tenant, though did not dispute about the inception of the tenancy and the execution of the lease deed dated 01.02.2019 as well as the extent of rent, but however, denied about the bad conduct vis-a-vis, usage of the tenanted premises, as alleged by the respondent-landlady. Also, the petitioner-tenant denied the ground of personal necessity. She has also denied having not paid the rent w.e.f. 01.01.2020 to 31.05.2022. In fact, the petitioner-tenant took the plea of rent having been paid by her upto January 2022. However, the rent for the period from February 2022 to September 2022, was tendered to landlady but, she intentionally and will fully refused to accept the same, with the intention to create ground of ejectment. Further, the petitioner-tenant asserted that the landlady and her husband used to collect rent of the premises in question, through messenger/driver namely, Gurmeet. After paying the rent to said Gurmeet, the petitioner-tenant used to send whatsapp messages to the landlady and her husband. The receipt of rent was never disputed. In this manner, the rent was already received till January 2022. However, the petitioner is in arrears of rent from February 2022 to September 2022. All other assertions were denied.

5. In the replication, the averments made in the written statement were denied and it was re-asserted about the petitioner-tenant to be in arrears of rent w.e.f. 01.01.2020, till date. Furthermore, it was also asserted that whatsapp messages, if any, were sent by the tenant to create false evidence regarding payment of rent. Had any rent been paid by the tenant and accepted by the landlady, the message regarding receipt of the same, would have been sent by the landlady or her husband to the tenant.

6. On perusal of the material on record, learned Rent Controller assessed the provisional rent, including costs and interest component for the period w.e.f. 01.01.2020 upto 31.01.2023 as Rs. 9,05,083/- and further, the case was adjourned to 02.03.2023 for payment/tender of the provisionally asses