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GURBIR SINGH
JJ Textiles, Faridabad – Appellant
Versus
Shobha Wig – Respondent
JUDGMENT
Gurbir Singh, J.
Through the present revision petition, petitioner has challenged the order dated 18.10.2023, passed by learned Appellate Authority, Faridabad, wherein judgment dated 14.09.2022, passed by learned Rent Controller, Faridabad has been upheld.
2. The brief facts of the case, as culled out from the paper-book, are that respondent Shobha Wig filed petition for ejectment of the petitioner under Section 13 of Haryana Urban (Control of Rent and Eviction) Act, 1973, on the ground of non-payment of rent. The relationship of landlord and tenant is not in dispute. An industrial plot was let out to the petitioner by the respondent vide rent agreement dated 14.02.2020 for a period of 60 months and rent was fixed @ Rs. 2,16,000/- per month exclusive of GST. It was further submitted in the petition that monthly rent for the period from 15.02.2020 till 14.03.2021 was payable @ Rs. 2,38,680/- per month inclusive of GST @ 18% and TDS 7%. Since the petitioner failed to make proper payments of rent, as agreed, vide order dated 04.08.2022 passed by the Court concerned, provisional rent along with costs and interest was also assessed but petitioner neither made payment of arrears o
The tenant's failure to pay the assessed provisional rent justifies eviction under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
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.
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.
Compliance with provisional assessment of rent is crucial for an order of eviction, and grounds for eviction must be part of the main ejectment petition.
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