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NAMIT KUMAR
Kultar Singh – Appellant
Versus
Gangeshwar Bansal – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
CM-8627-CII-2022
Prayer in the instant application filed under section 151 of CPC is for seeking exemption from filing certified copies of Annexures P-1 to P-8 as well as impugned orders.
Allowed as prayed for subject to all just exceptions.
CM-14280-CII-2023
Prayer in the instant application filed under section 151 CPC read with Order 7, Rule 14 of CPC is for placing on record certified copy of the application filed by the petitioner before the learned Rent Controller, Bathinda for allowing an adjournment.
Allowed as prayed for subject to all just exceptions.
CR-2809-2022 (O&M)
The instant revision petition has been preferred by the petitioner/tenant impugning the order dated 04.03.2022 passed by learned Rent Controller, Bathinda in Rent Petition No.26 of 2021 titled as 'Gangeshwar Bansal and others v. Kultar Singh' whereby an eviction petition filed by the respondents/landlord has been allowed as well as order dated 13.05.2022 passed by learned Appellate Authority, Bathinda in Rent Appeal No.3 of 2022 whereby an appeal filed by the petitioner/tenant against the order dated 04.03.2022 has been dismissed.
2. Briefly stated the facts of the case as pl
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.
Section 13(2)(i) of East Punjab Urban Restriction Act, 1949 casts an obligation on Controller to make an assessment of arrears of rent.
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.
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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