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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Vivek Goel – Appellant
Versus
Devender Singh Parmar – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. Challenge in the present revision petition is to the orders dated 09.08.2024 and 27.08.2024 vide which the order with respect to provisional assessment of rent had been passed and on non-payment of the same, the eviction order from the premises in question had been passed. Challenge is also to the judgment dated 08.10.2024 vide which an appeal filed against both the orders dated 09.08.2024 as well as 27.08.2024 had been dismissed.
2. Learned counsel for the petitioners has submitted that in the present case, the eviction order had been passed without framing of any issues and without conducting a regular trial. It is submitted that the petitioners had a good case on merits and thus, in case the trial is conducted, they would be able to show that the pleas raised by respondent No.l-landlord with respect to arrears of rent were incorrect and no amount was due from the present petitioners. Second ground of challenge raised by learned counsel for the petitioners is that the provisional assessment of rent was required to be done at the initial stage and once the ex-parte evidence had been led by respondent No. 1-landlord then in that situation, at a subs
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.
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.
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 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.
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