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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
| Table of Content |
|---|
| 1. tenant's partial payment led to confusion in the eviction process. (Para 1 , 2) |
| 2. counsel debate over the implications of short rent payments. (Para 3 , 5 , 6) |
| 3. importance of assessing exact rent to avoid penalties. (Para 7 , 8) |
| 4. court reinforces tenant protection against court errors. (Para 9 , 10) |
| 5. legal precedent emphasizes clear obligations for rent payments. (Para 11 , 12 , 14) |
| 6. court demands rent controllers clarify assessments to prevent disputes. (Para 13 , 15 , 17 , 18) |
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
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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