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(2013) Law Today Live Doc. Id. 11886 = 2014(1) L.A.R. 224
Decided on: 15.11.2013
Present: Mr. Gorav Kathuria, Advocate for the petitioners.
Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973) , Section 13 – Provisional assessment of rent – Non-payment of -- Provisional rent was assessed by the Rent Controller directing the tenant to pay rent – Tenant failed to tender the rent on the date fixed and thus, eviction order was passed – No fault can be found in the impugned order of eviction.
(Para 3,4)
Cases referred:
1. Rakesh Wadhawan v. Jagdamba Industrial Corporation, 2002(1) R.C.R(Rent) 514 : AIR 2002 Supreme Court 2004.
2. Rajan alias Raj Kumar v. Rakesh Kumar, 2010(1) L.A.R. 662 (P&H DB) = 2010(1) Rent LR 515.
JUDGMENT
RAKESH KUMAR GARG, J. (ORAL) –
C.M.No.22690-CII-2013
1. The application is allowed, subject to all just exceptions.
CR No.6952 of 2013
2. This is tenants' revision petition challenging the order dated 14.02.2013 of the Rent Controller, Faridabad, whereby their eviction has been ordered from the demised premises on the ground of non-payment of provisionally assessed rent and further challenge has been made to the judgment dated 2.9.2013 of the Appellate Authority whereby appeal filed on behalf of the tenant-petitioners against the aforesaid order of eviction of the Rent Controller was also dismissed.
3. According to the submissions made herein, the respondent-landlord in the instant eviction petition had claimed rent of the demised premises at the rate of Rs. 2,000/- per month w.e.f. 1.6.2008 upto October, 2011. The provisional rent was assessed by the Rent Controller, Faridabad vide its order dated 01.02.2013, directing the petitioners to pay rent for the aforesaid period at the rate of Rs. 2,000/- per month. However, petitioners failed to tender the rent on the date fixed and thus, eviction order was passed against them vide order dated 14.02.2013.
4. In view of Hon'ble the Supreme Court in the case of Rakesh Wadhawan v. Jagdamba Industrial Corporation, 2002(1) R.C.R(Rent) 514: AIR 2002 Supreme Court 2004 and judgment of this Court in the case of Rajan alias Raj Kumar v. Rakesh Kumar, 2010(1) L.A.R. 662 (P&H DB) = 2010(1) Rent LR 515, no fault can be found in the impugned order of eviction.
5. However, counsel for the petitioners has vehemently argued before this Court that in an earlier eviction petition filed by the respondent-landlord against them on 4.10.2007, the petitioners had already tendered the rent upto August, 2011, therefore, they were entitled an opportunity to tender the arrears of rent as assessed. However, the aforesaid contention as raised is erroneous and liable to be rejected. As admittedly, in the earlier petition also, respondent-landlord had claimed the rent at the rate of Rs. 2,000/- per month for the period w.e.f. 1.6.2004 upto October, 2007 and the provisional rent was assessed vide order dated 1.6.2008 at the rate of Rs. 2,000/- per month and petitioners were directed to pay the provisionally assessed rent for the aforesaid period. Instead of making the payment of the aforesaid provisional rent as assessed, the petitioners had tendered the rent for the aforesaid period only at the rate of Rs. 100/- per month and admittedly that petition stands decided in favour of the respondent-landlord vide order dated 5.4.2013 and eviction of the petitioners has been ordered from the demised premises on ground of arrears of rent as Rent Controller has assessed the rent of demised premises at the rate of Rs. 2,000/- per month.
6. In view thereof, this Court finds no merit in this petition.
7. Dismissed.
Petition dismissed.
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