IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL, J.
Sudesh @ Sudesh Kumari - Petitioner
Versus
Hardeep Singh @ Hardip Singh - Respondent
CR-472-2026(O&M), CR-556-2026 (O&M)
Decided On : 28-01-2026
JUDGMENT :
VIRINDER AGGARWAL, J.
1. This consolidated order is rendered for the adjudication of the above-captioned Civil Revisions (hereinafter referred to as “CRs”), each arising from an identical factual and legal matrix. In view of the commonality of parties, the coextensive nature of the impugned orders, and the consent of learned counsels for their joint consideration, the CRs are being disposed of collectively in the interests of judicial economy, consistency in legal interpretation, and procedural efficiency.
2. At the instance of learned counsel for the parties in both CRs, the factual matrix has been meticulously extracted from the records of both matters, as it provides the most complete, accurate, and coherent account of the material facts. Delineated facts are adopted collectively to serve as the representative factual foundation for the adjudication of the present matters, thereby ensuring a comprehensive and uniform basis for determination.
3. The petitioner(s) in the above-captioned CRs have filed the present civil revisions assailing the impugned orders rendered by the learned Courts below, which form the subject-matter of this consolidated adjudication.
4. The petitioner(s) have instituted two Civil Revisions under Article 227 of the Constitution of India, seeking to impugn the orders dated 2nd January 2026, passed by the Appellate Authority, Patiala. The first Civil Revision challenges the dismissal of the rent appeal by the learned Appellate Authority, which upheld the order dated 11th March 2025, passed by the Rent Controller, Patiala, concerning the provisional assessment of rent. The second Civil Revision assails the order of the Appellate Authority dated 2nd January 2026, whereby the rent appeal filed by the petitioner(s) against the ejectment order dated 11th April 2025 were dismissed.
4.1. In essence, both Civil Revisions seek the setting aside of the appellate decisions, which confirmed the orders of the learned Rent Controller, and form the subject-matter of the consolidated adjudication in the present proceedings.
5. Briefly stated, the respondent–landlord instituted an ejectment petition against the petitioner seeking possession of the residential house, fully described in the rent petition, on the ground of bona fide residential requirement. It was averred that the petitioner had failed to pay rent since July 2007 and was thus in arrears. The petitioner appeared and contested the petition, without disputing the agreed rate of rent at Rs.1,500 per month, asserting that since the respondent resided in the USA, rent was being paid to Happy, and that all rent dues were up to date.
5.1. Subsequently, the respondent–landlord moved an application for provisional assessment of rent. The petitioner contested the same, but the application was allowed, and vide order dated 11th March 2025, the petitioner was directed to pay Rs. 4,91,433/-, representing rent from 30.06.2007 to 01.07.2025 at Rs. 1,500 per month, along with interest at the rate of 6% per annum and costs. Thereafter, the petitioner filed a rent appeal before the Appellate Authority on 16th April 2025. Prior to the hearing of this appeal, the learned Rent Controller passed an ejectment order dated 11th April 2025 on account of non-payment of the provisionally assessed rent. The petitioner filed a separate appeal against the ejectment order. By orders dated 2nd January 2026, the learned Appellate Authority dismissed both appeals.
5.2. In consequence, rent appeals of the petitioner were conclusively rejected, affirming both the provisional assessment of rent and the ejectment order, thereby disposing of all matters arising from the rent petition.
6. Aggrieved by the orders rendered by the learned Appellate Authority, the petitioner has filed the present revision petitions impugning both the appellate orders as well as the orders passed by the Rent Controller. The respondent has duly appeared through the filing of a caveat/petition and is represented by lea
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.
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