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PANKAJ JAIN
Autoneeds – Appellant
Versus
Rajeev Sood – Respondent
JUDGMENT :
Pankaj Jain, J.
Tenant is in revision aggrieved of order dated 29.05.2024 (Annexure P-7) passed by the Appellate Authority, Gurugram whereby order dated 16.04.2024 (Annexure P-5) passed by Rent Controller, Gurugram stands affirmed in part.
2. Landlord filed eviction petition against the tenant under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short ‘the 1973 Act’) read with 1976 Rules claiming that the respondent was inducted as tenant by his father vide lease deed dated 15.10.2002 for a period of twenty years at a monthly rent of Rs.42,500/- with an escalation clause of 5% per year till the end of 10" year. It was further agreed that the terms of tenancy will be reviewed at the end of 10 years with mutual consent. Eviction has been sought on ground of non-payment of rent. Landlord claimed unpaid rent for the period commencing from 30.06.2020 till 14.10.2022. The eviction petition was filed in November, 2022.
3 Tenant filed written statement. Rent Controller vide order dated 16.04.2024 assessed the arrears of rent till April 2024 including the rent pendent lite i.e. for the period from November, 2022 to April 2024. The Rent Controller found
The tenant remains liable to pay rent even after lease termination, and the Rent Controller can assess provisional rent, ensuring compliance with tenancy laws.
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 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.
The court upheld the provisional rent assessment but set aside the requirement for the tenant to deposit arrears, emphasizing the need for evidence in disputes over rent payments.
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.
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