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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS SURI
Shankar The Chat Shop – Appellant
Versus
Krishna Goyal – Respondent
JUDGMENT :
Vikas Suri, J.
The present revision petition has been filed impugning the order dated 18.05.2023 passed by the learned Appellate Authority, Panchkula, whereby appeal preferred against the order dated 10.04.2023 passed by the Rent Controller, Panchkula, ordering eviction of the tenants and sub-tenants and put the petitioner in vacant possession of the demised premises, has been dismissed.
2. The facts of the case are that respondent No.1-landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'Rent Act'), for eviction of tenant and sub-tenants on the grounds of non-payment of rent, sub-letting and personal necessity from the demised premises, i.e. commercial booth No.54, Sector-7, Panchkula. It was averred that the demised premises was let out to respondent No.2 vide rent agreement dated 30.12.2020 for a period of 11 months w.e.f. 01.01.2021 to 30.11.2021 at the rate of Rs. 1,00,000/- per month payable in advance. It was further agreed that the rent shall be enhanced at the rate of 10%, if tenancy continues beyond the expiry of the rent agreement. Petitioners opposed the said petition and submitted that they had purchased the
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.
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.
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.
Non-payment of provisionally assessed rent mandates eviction under the Punjab Rent Act.
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