Back
NAMIT KUMAR
Surinder Paul @ Shinder Pal – Appellant
Versus
Shubham Kumar – Respondent
| Table of Content |
|---|
| 1. tenants' agreement on rental terms and ownership. (Para 1 , 2) |
| 2. ejectment order based on tenants' non-payment. (Para 3) |
| 3. contentions of tenants regarding procedural lapses. (Para 4) |
| 4. appellate authority's findings on merit. (Para 5 , 6) |
| 5. interpretation of tenant obligations under the 1949 act. (Para 7 , 8 , 9) |
| 6. dismissal of revision petition affirmed. (Para 10) |
JUDGMENT
Namit Kumar, J. (Oral)
The instant revision petition has been preferred by the petitioners under Article 227 of the Constitution of India read with Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the 1949 Act') impugning the order dated 28.04.2023 (Annexure P-6) passed by learned Appellate Authority, Sangrur in Rent Appeal No.4 of 2023 titled as 'Surinder Paul and another v. Shubham Kumar' whereby the appeal filed by the petitioner has been dismissed and the order dated 03.02.2023 (Annexure P-4) passed in Rent Petition No.07 of 2020 titled as 'Shubham Kumar v. Surinder Paul and another' whereby learned Rent Controller, Malerkotla has passed the ejectment order and directed the petitioners to hand over the vacant possession of demised premises to the respondent.
2.
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.
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.
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 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....
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
