Tenant challenged the Appellate Authority's refusal to stay an ejectment order passed for failure to tender provisional rent fixed by the Rent Controller. The High Court held that non-payment of provisional rent on the fixed date renders the tenant liable to eviction and found no illegality, dismissing the revision.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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128
CR-5011-2024 (O&M) Date of Decision.:02.09.2024
Ankush Sharma …..Pe22oner Vs. Amarjit Singh .….Respondent
CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:Mr. Vaibhav Narang, Advocate for the pe��oner.
DEEPAK GUPTA, J. (ORAL)
Pe��oner is aggrieved by the order dated 10.07.2024 (Annexure P-6) passed by learned Appellate Authority, Amritsar in Rent Appeal No.69 of 2024 �tled “Ankush Sharma v. Amarjit Singh”, whereby the prayer for stay was declined.
Ejectment pe��on was filed by the landlord (respondent herein) against the tenant (pe��oner herein) on the ground of nonpayment of rent. Rent Controller assessed the provisional rent and fixed the date for payment thereof. The tenant failed to tender the provisional rent as per the direc�on of the Rent Controller and consequent thereto, the ejectment order was passed. The tenant i.e. pe��oner herein filed appeal and prayed for staying the opera�on of the impugned order.
Learned counsel contends that the pe��oner- tenant was not communicated about the order of payment of provisional rent by his counsel, due to which he could not pay the same and that he is s�ll ready to make the payment.
NEETIKA TUTEJA 2024.09.03 10:05 I attest to the accuracy and integrity of this document
CR-5011-2024 (O&M)
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There is no merit in the conten�on.
In case, the provisional rent as assessed by Rent Controller, is not paid on the date as fixed by the Rent Controller, the tenant becomes liable to be evicted. No illegality has been commi7ed by the learned Appellate Authority in rejec�ng the applica�on for stay.
Finding no merit in the civil revision pe��on, same is hereby
dismissed.
( DEEPAK GUPTA) JUDGE
September 02, 2024 Nee�ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
NEETIKA TUTEJA 2024.09.03 10:05 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the Appellate Authority rightly declined stay of the ejectment order passed for non-payment of provisional rent fixed by the Rent Controller.
Ankush Sharma
Amarjit Singh
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
