DALIP KAUR BRAR versus M/S.GURU GRANTH SAHIB SEWA MISSION (REGD.) AND ANR.

DALIP KAUR BRAR versus M/S.GURU GRANTH SAHIB SEWA MISSION (REGD.) AND ANR.

Where tenant has admitted that rent is due and payable at least for certain periods, court should interpret Section 13 to not permit tenant to defeat landlord's just claim. Provisional assessment must be complied with to avoid eviction; failure to do so validates landlord's claim for eviction even if subsequent appeals challenge the assessment.

Parties
Appellant Landlord: Dalip Kaur Brar; Respondents Tenants: Mis. Guru Granth Sahib Sewa Mission (Regd.) and Anr.
Jurisdiction
India
Judgment Date
11 April 2017
Procedural Posture
Civil Appeal No. 5129 of 2017 / Appeal From Order of Punjab & Haryana High Court (civil Revision No. 3208 of 2009)
Outcome
Appeal allowed
Legal Topics
Default in Payment of Rent, Provisional Rent Assessment, Eviction Under East Punjab Urban Rent Restriction Act, Interpretation of Section 13, Tenant's Statutory Rights
Rent Control and Eviction Default in Payment of Rent Provisional Rent Assessment Eviction Under East Punjab Urban Rent Restriction Act Interpretation of Section 13 Tenant's Statutory Rights

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Parties

Dalip Kaur Brar

Appellant Landlord

Mis. Guru Granth Sahib Sewa Mission (Regd.) and Anr.

Respondents Tenants

Procedural Posture

Civil Appeal No. 5129 of 2017 / Appeal From Order of Punjab & Haryana High Court (civil Revision No. 3208 of 2009)

Legal Issues

  1. 1 Whether the tenant's failure to comply with provisional rent assessment constituted valid ground for eviction
  2. 2 Proper interpretation of Section 13 and Section 13(2)(i) of the East Punjab Urban Rent Restriction Act
  3. 3 Rights of tenant to appeal and challenge provisional assessment

Ratio Decidendi

Where tenant has admitted that rent is due and payable at least for certain periods, court should interpret Section 13 to not permit tenant to defeat landlord's just claim. Provisional assessment must be complied with to avoid eviction; failure to do so validates landlord's claim for eviction even if subsequent appeals challenge the assessment.

Court Disposition

Appeal allowed

Orders

  • Order of Punjab & Haryana High Court set aside
  • Eviction order passed by Rent Controller, as confirmed by appellate authority, restored