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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Harminder Singh – Appellant
Versus
Harvinder Kaur – Respondent
Judgment :
Nidhi Gupta, J.
Challenge in the present revision petition filed by the tenant-petitioner is to the order dated 25.03.2025 passed by the learned Appellate Authority, Fatehgarh Sahib, whereby the appeal filed by the petitioner against the judgment/order dated 02.11.2023, rendered by the learned Rent Controller, was dismissed.
2. Brief facts of the case are that the respondent-landlords had filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for eviction/ejectment of the petitioner-tenant from the demised premises. Eviction of the petitioner was sought on account of: a) non-payment of rent from the year 1992; and b) bona fide necessity of the landlords. Vide order dated 02.11.2023 the learned Rent Controller, Khamanon, allowed the ejectment petition filed by the respondent-landlords and the petitioner-tenant was granted one month's time to hand over the vacant physical possession of the demised premises to the respondent-landlords. Feeling aggrieved against the aforesaid order of eviction, the petitioner had filed an appeal dated 13.12.2023 before the learned Appellate Authority, Fatehgarh Sahib, whi
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 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.
The court upheld the provisional rent assessment but set aside the requirement for the tenant to deposit arrears, emphasizing the need for evidence in disputes over rent payments.
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