Back
RITU TAGORE
Queen Distillers and Bottlers Pvt. Ltd. Works – Appellant
Versus
Kuldip Industrial Corporation – Respondent
JUDGMENT
Ritu Tagore, J.
This civil revision petition is filed under Article 227 of the Constitution of India, challenging the order dated 22.04.2024 (Annexure P-1) passed by learned Rent Controller, Chandigarh in Rent Petition No.369 of 2022, regarding provisional assessment of rent, as well as the order dated 31.05.2024 (Annexure P-2), passed by learned Appellate Authority, Chandigarh, in Rent Appeal No.59 of 2024, dismissing the appeal, filed under Section 15 of the East Punjab Rent Restriction Act, 1949 (in short referred to as the Act, 1949), against the order of provisional assessment of rent dated 22.04.2024 passed by learned Rent Controller.
2. At the outset, it is expedient to address the objection regarding the maintainability of revision petition filed under Article 227 of the Constitution of India, as opposed to Section 15 (5) of the Rent Act, 1949, as raised by learned counsel for the respondents/caveator. Precisely, it is urged that, given the existence of a specific provision under Section 15 (5) enacted by the Legislation, filing of a revision under Article 227 of the Constitution of India, is not maintainable. Conversely, learned counsel for the petitioner submits th
The court upheld the maintainability of a revision petition under Article 227 despite objections, affirming the provisional assessment of rent and rejecting the applicability of the doctrine of suspe....
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 tenant's conduct amounted to misuse, and failure to pay provisional rent led to the orders of eviction being upheld.
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 court upheld the provisional rent assessment and eviction order, emphasizing the tenant's obligation to comply with rent orders to avoid eviction.
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
