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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Anju Khanna – Appellant
Versus
Davinder Kharbanda – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
1. The present revision petition assails the order dated 27.05.2024 (Annexure P-6) passed by the Appellate Authority dismissing the appeal filed by the petitioner-tenant against the order dated 16.04.2024 (Annexure P-4) passed by the Court of learned Rent Controller, Yamunanagar vide which the petitioner-tenant was ordered to be evicted from the tenanted premises.
2. The facts, as borne out from the revision petition, are that a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Rent Act') (Annexure P-1) was moved by the respondent-landlord for eviction of the petitioner-tenant from the house No.480-L situated at Model Town, Yamunanagar (hereinafter referred to as the 'demised premises) on the ground of non-payment of rent. The eviction was resisted by the petitioner-tenant by filing a reply (Annexure P-2). Vide order dated 02.04.2024 (Annexure P-3), provisional assessment of rent was made and the case was fixed for 16.04.2024 for tender of the provisional rent. On 16.04.2024, rent was not tendered and instead, an application for grant of one month time to deposit the provisional rent was moved
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.
Non-payment of provisionally assessed rent mandates eviction under the Punjab Rent Act.
A tenant's failure to deposit assessed provisional rent mandates eviction under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1976.
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 tenant's failure to pay the assessed provisional rent justifies eviction under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
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