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ARCHANA PURI
Sharina Khara – Appellant
Versus
Manjushree – Respondent
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:-
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.
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.
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 tenant's conduct amounted to misuse, and failure to pay provisional rent led to the orders of eviction being upheld.
A tenant's failure to deposit assessed provisional rent mandates eviction under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1976.
The tenant remains liable to pay rent even after lease termination, and the Rent Controller can assess provisional rent, ensuring compliance with tenancy laws.
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