DHIANKAUR versus EAST PUNJAB URBAN RENT RESTRICTION ACT, 1949

DHIANKAUR versus EAST PUNJAB URBAN RENT RESTRICTION ACT, 1949

The High Court correctly applied the proviso to s. 13(2)(i) by granting the tenant an opportunity to clear arrears found due upon final adjudication; failure to comply entitles landlady to seek eviction.

Parties
Appellant: Dhian Kaur; Respondent: Prem Pal Sran
Jurisdiction
India
Judgment Date
29 October 2014
Procedural Posture
Civil Appeal / Disposal on Appeal
Outcome
Appeal disposed of
Legal Topics
Arrears of Rent, Ejectment, Eviction Proceedings, Interpretation of Proviso to S. 13(2)(i)
Rent Control Property Law Arrears of Rent Ejectment Eviction Proceedings Interpretation of Proviso to S. 13(2)(i)

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Parties

Dhian Kaur

Appellant

Prem Pal Sran

Respondent

Procedural Posture

Civil Appeal / Disposal on Appeal

Legal Issues

  1. 1 Whether the tenant was in arrears of rent and liable for eviction under the East Punjab Urban Rent Restriction Act, 1949, s. 13(2)(i)
  2. 2 Proper application and effect of the proviso to s. 13(2)(i)
  3. 3 Rate of rent applicable between parties

Ratio Decidendi

The High Court correctly applied the proviso to s. 13(2)(i) by granting the tenant an opportunity to clear arrears found due upon final adjudication; failure to comply entitles landlady to seek eviction.

Court Disposition

Appeal disposed of

Orders

  • Respondent/tenant to comply with directions contained in paragraph 3 of impugned High Court judgment regarding payment and disclosure of arrears.
  • Appellant/landlady liberty to approach High Court for appropriate orders in event of respondent's failure to comply.