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B. S. WALIA
Amrit Lal – Appellant
Versus
Surinder Pal Jain – Respondent
| Table of Content |
|---|
| 1. challenge to eviction order due to provisional rent issues (Para 1) |
| 2. petitioner's intention to pay provisional rent in installments (Para 2 , 3) |
| 3. court's analysis of tenant's obligations under rent assessments (Para 4 , 5) |
| 4. dismissal of petition due to lack of merit (Para 6) |
JUDGMENT
B.s. Walia, J. (Oral)
Challenge in the instant petition is to judgment dated 25.11.2022 passed in Rent Appeal No.112 of 2022 by the learned Appellate Authority, Chandigarh against the order dated 23.09.2022, upholding the order of the learned Rent Controller, Chandigarh, ordering the eviction of the petitioner from the demised premises on account of failure to deposit the provisional rent assessed.
2. Learned counsel contends that the appellant is a small tea vendor and was not able to pay the provisional rent assessed by the learned Rent Controller within the time granted and was ready to pay the same in installments but the learned Appellant Authority rejected the aforementioned offer of the petitioner.
3. Learned counsel contends that the petitioner is still ready and willing to make payment of the provisional rent as assessed by the learned Rent Controller provided the amount as
Non-payment of provisionally assessed rent mandates eviction under the Punjab Rent Act.
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.
Accurate assessment of provisional rent and providing an opportunity for the tenant to tender the remaining amount if the ultimate due amount exceeds the provisional rent assessed by the court.
A tenant's failure to deposit assessed provisional rent mandates eviction under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1976.
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.
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