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Lawyer   29 August 2016

Non payment of rent

Dear All,

I have one rent petition filed against me and rent controller has assesed the rent. But on due date I've failed to make payment of rent as directed by the rent controller.

Is there any option left with me to get some time to deposit the rent.

My state is Haryana

Kindly guide me



Learning

 3 Replies

KS Johal   29 August 2016

The answer to this obviously is that you need to contact the rent controller and put this question to him. He will obviously make an assessment and see if you deserve the extra time to pay the rent.

KS Johal   29 August 2016

The answer to this obviously is that you need to contact the rent controller and put this question to him. He will obviously make an assessment and see if you deserve the extra time to pay the rent.

ADVOCATE NITIN KAPOOR (Advocate)     30 August 2016

Once Rent Arrears has been assessed by the Controller, it is highly advisable to pay rent as soon as possible because the next order could be of eviction in case of default as per Section 13 of The Haryana Urban (Control of Rent and Eviction) Act, 1973. Moreover, Hon'ble Supreme Court of India in Rakesh Wadhawan v. M/s Jagdamba Indus trial Corporation AIR 2002 SC 2004 has held that "if a tenant fails to tender the rent within the stipulated period, as granted by the Court after determination of the arrears, nothing remains to be done ex-cept to pass an eviction order against him." The same principle has been reiterated by Punjab & Haryana High Court in Dhrinder Pal Gupta vs Jiya Lal on 30 August, 2013 while exercising revisional jurisdiction and holding that exention period of 15 days granted to tenant for depositing arrears in rent is not justified rather eviction order shall follow once default in payment was there. 

Regards, 

Advocate Nitin Kapoor

Mob: 8800692624.


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