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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Anjali Foundation – Appellant
Versus
Anil Mehra – Respondent
JUDGMENT :
Pankaj Jain, J.
Present revision petition is directed against order dated 16.03.2022 passed by Appellate Authority, Gurugram whereby the appeal preferred by the tenant-petitioner stands dismissed affirming the order passed by the Rent Controller assessing provisional rent alongwith interest and the cost.
2. Respondent-landlord filed eviction petition invoking Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 1973 Act) on the ground of non-payment of rent. The eviction petition was resisted by the respondent. Rent Controller assessed provisional rent vide order dated 25.02.2022 holding the tenant-petitioner to be in arrears of rent to the tune of Rs.9826819/- till 15.01.2020 and also assessed further rent from the month of February 2020 till February 2022 i.e. the date of first hearing.
3. The aforesaid order passed by the Rent Controller was challenged by the tenant before the Appellate Authority. Appellate Authority vide order dated 16.03.2022 upheld the order passed by the Rent Controller.
4. Learned senior counsel appearing for the petitioner-tenant submits that the order passed by the Rent Controller was affirmed by the A
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.
Accurate assessment of provisional rent and providing an opportunity for the tenant to tender the remaining amount if the ultimate due amount exceeds the provisional rent assessed by the court.
The tenant's failure to pay the assessed provisional rent justifies eviction under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
The court upheld the provisional rent assessment and eviction order, emphasizing the tenant's obligation to comply with rent orders to avoid eviction.
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 remains liable to pay rent even after lease termination, and the Rent Controller can assess provisional rent, ensuring compliance with tenancy laws.
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