HARJIT SINGH UPPAL versus ANUP BANSAL

HARJIT SINGH UPPAL versus ANUP BANSAL

A tenant can challenge the provisional rent order in an appeal against eviction even if no appeal was filed directly from the provisional rent order; Section 15(1)(b) does not bar such challenge, and Appellate Authority is obliged to examine the legality and correctness of the provisional rent order when put in issue in the appeal.

Parties
Appellant: Harjit Singh Uppal; Respondent: Anup Bansal
Jurisdiction
India
Judgment Date
13 May 2011
Procedural Posture
Civil Appeal / Supreme Court Final Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Eviction, Default in Payment of Rent, Appeal From Rent Controller’s Orders, East Punjab Urban Rent Restriction Act, Interlocutory Orders
Property Law Tenancy Law Eviction Default in Payment of Rent Appeal From Rent Controller’s Orders East Punjab Urban Rent Restriction Act Interlocutory Orders

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Parties

Harjit Singh Uppal

Appellant

Anup Bansal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal From High Court Order

Legal Issues

  1. 1 Whether a tenant who did not appeal an order fixing provisional rent under Section 13(2)(i) proviso of the East Punjab Urban Rent Restriction Act, 1949, can subsequently challenge it in an appeal against an eviction order.
  2. 2 Whether the fixing of provisional rent becomes final and unchallengeable if not appealed within the period prescribed.

Ratio Decidendi

A tenant can challenge the provisional rent order in an appeal against eviction even if no appeal was filed directly from the provisional rent order; Section 15(1)(b) does not bar such challenge, and Appellate Authority is obliged to examine the legality and correctness of the provisional rent order when put in issue in the appeal.

Court Disposition

Appeal allowed

Orders

  • Order dated September 23, 2010 of the High Court is set aside.
  • Order dated June 10, 2010 of the Appellate Court, S.A.S Nagar (Mohali) is restored.