HARKESH MANUJA
Pramender Singh Sehrawat – Appellant
Versus
Kamal Kanta Verma – Respondent
JUDGMENT
Mr. Harkesh Manuja, J.
By way of present revision petition, challenge has been laid at the instance of petitioner-tenant to the eviction orders dated 21.04.2022 and 08.09.2022 passed by the courts below, arising out of the proceedings initiated at the instance of respondents-landlord, seeking eviction on the grounds of arrears of rent.
2. The facts of the present case are that the respondents-landlord filed an eviction petition invoking Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, "1973 Act") against petitioner-tenant for eviction from the tenanted premises bearing No.206, 2nd floor, Time Square Building, Sushant Lok, Phase- 1, Gurugram, measuring 3129 Square feet, on the ground of non-payment of arrears of rent. It was pleaded in the eviction petition that the tenanted premises was rented out in favour of petitioner-tenant vide lease deed dated 03.02.2020, for a period of 12 years with rent @ Rs. 2,12,772/- per month, besides the payment of GST. A period of four months was given as a free period (i.e. 03.02.2020 to 05.06.2020) to the petitioner-tenant for the purpose of setting up of his machinery etc. Since, the arrears of rent we
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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.
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.
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