Back
HARKESH MANUJA
Hitesh Kumar – Appellant
Versus
Sat Pal – Respondent
JUDGMENT
Harkesh Manuja, J. (Oral)
By way of present revision petition filed under Article 227 of the Constitution of India, challenge has been laid to an order dated 01.08.2023 passed by the Rent Controller, Sangrur, whereby in an eviction petition filed at the instance of respondents/landlords, provisional assessment/interim assessment of rent was made by the learned Rent Controller.
2. Briefly stating, claiming themselves to be owners/landlords of the tenanted premises i.e. double storey House No.F-24 situated at Officer Colony, Sangrur, an eviction petition invoking Section 20 of the Punjab Rent Act, 1995 came to be filed against the petitioner/tenant on the grounds of arrears of rent from August 2019 onwards as well as his personal necessity.
3. Upon appearance, petitioner/tenant disputed the factum qua arrears of rent. Upon consideration of the pleadings, the Rent Controller, Sangrur vide order dated 01.08.2023 assessed the provisional rent payable by the petitioner/tenant w.e.f. 01.03.2020 to 31.07.2023 @ Rs. 12,000/- per month besides interest and cost(s) etc.
4. Impugning the aforesaid order dated 01.08.2023, learned counsel for the petitioner submits that under the Punjab
The Rent Controller has the authority to fix interim rent during eviction proceedings under Section 25 of the Punjab Rent Act, 1995, and the terms 'provisional' and 'interim' are interchangeable.
The main legal point established in the judgment is the process of provisional rent assessment by the Rent Controller, subject to final adjudication, and the possibility of refunding the excess amoun....
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.
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.
A tenant's failure to deposit assessed provisional rent mandates eviction under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1976.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
