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Shubham   31 October 2023

Haryana rent control act.

What is provisional rent accesed on first date of hearing ?and this provisonal rent is subject to final determination?. What are tge relveants provisions of this? Haryana rent control act.



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     31 October 2023

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Provisional rent - Assessment - Once provisional rent has been assessed and not paid, Rent Controller has no option but to pass an order of eviction

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Assessment of provision rent - Tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Tenant disputed relationship of landlord and tenant - Held, Rent Controller was not required to assess provisional rent - Ejectment proper

In Ram Parkash @ Om Parkash and another v. Kashyap Rajput Dharamshala  of Punjab and Haryana high court, : While considering a revision petition pertaining to the ejectment sought by the landlord, on the ground of non-payment of rent, the Punjab and Haryana High Court has reiterated that provisional rent assessed by the Rent Controller has to be paid on the first date of hearing.

While observing that as per settled law, provisional rent assessed by the Rent Controller has to be paid on the first date of hearing, the Bench of Justice Sudhir Mittal opined that since, the payment was not made on the said date, petitioners cannot be granted another opportunity.

Shubham   31 October 2023

Once tenant denied relation of tenant and landlord ,can rent controller decide this relationship or only civil court has jurisdiction?

P. Venu (Advocate)     01 November 2023

You have not posted the material facts.


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