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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikram Aggarwal, J, VIKRAM AGGARWAL
Pradeep Kumar – Appellant
Versus
Madan Lal – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
The present revision petition is directed against the order dated 15.11.2021 (Annexure P-1) vide which the application filed by the present petitioner for passing an order of eviction on account of non-deposit of the rent assessed vide order dated 15.07.2021 was dismissed and the application filed by the respondents-tenants for depositing the rent was allowed.
2. The facts, as emanating from the revision petition and as have been stated by learned counsel for the parties are that an eviction petition was filed by the petitioner-landlord (Pradeep Kumar) against the respondents-tenants under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Rent Act'). Vide order dated 15.07.2021 (Annexure P-2), provisional assessment of rent was done. A sum of Rs.12,600/- was determined as arrears of rent, costs were assessed at Rs.1,000/- and interest @ 6% per annum was also ordered to be paid on the outstanding amount. The matter was then fixed for 11.08.2021 for tender of rent. On 11.08.2021, a sum of Rs.10,000/- was deposited by the respondents-tenants upon which an objection was raised by the petitioner-landlord that the rent was s
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.
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....
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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